Carpenters Nursery Ltd
Website T&C’s

When you make a purchase or reserve Products on our website www.carpentersnursery.co.uk you enter into a legally binding agreement with Carpenters Nursery Ltd on these Terms and Conditions of purchase (the “Terms”). This page (together with the documents referred to in it) set out the terms and conditions on which we supply any of the Products to you. Please read these Terms carefully before ordering from our Website (as defined below). You should understand that by ordering any of our Products, you agree to be bound by these Terms.

Please click in the button marked “I Accept” at the end of these Terms to confirm that you have read these Terms and are over the age of 18. If you refuse to accept these Terms, you will not be able to order any Products (as defined below) from our Website.

We reserve the right to review and amend these conditions from time to time.

If you are a consumer (e.g. an individual not acting as a business) there are certain terms implied under your statutory rights which we cannot exclude or limit. It is important for you to know that nothing in our terms and conditions affects your statutory rights. If you would like more information on your rights as a consumer contact your local Citizens Advice Bureau or Trading Standards Office.

Definitions and interpretation

• In these Terms, the following words will have the following meanings:-

“Contract” means the contract for the sale and purchase of Products on these Terms;

“Order Confirmation” has the meaning given in section 6 below;

“Products” means all those products including but not limited to the range of products which are available to reserve and purchase through our Website in accordance with these Terms;

“the Seller”, “our”, “we” or ” us” means Carpenters Nursery Limited, a company registered in England and Wales under company number 9773366 and whose registered office is located at 52 High Street, Pinner, HA5 5PW.

“Terms” means these terms and conditions of sale and purchase as amended from time to time;

“Warranty” has the meaning given in Section 9;

“Website” means www.carpentersnursery.co.uk.

“Working Day” means a day other than a Saturday, Sunday or public holiday in England.

Our Products

• The images of the Products on our Website are for illustrative and guidance purposes only. Although we have made every effort to display colors, shapes/ sizes and weights accurately, we cannot guarantee that Products you order will match that of Products displayed on our Website. Your Products may vary slightly from those images.
• We reserve the right from time to time to vary the nature of the Products advertised. Without notice to you provided these variations do not materially alter the Products sold.
• Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are estimates only and are subject to reasonable variation.
• The packaging of the Products may vary from that shown on images on our Website.
• All Products shown on our Website are subject to availability. We will inform you by e-mail as soon as possible if a Product you have ordered is not available.

Website Disclaimer

• The information contained in this website is for general information purposes only. The information is provided by Carpenters Nursery Ltd and whilst we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
• In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
• Every effort is made to keep the website operational and fully functioning. However, Carpenters Nursery Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Website Usage

• By browsing and using this website you are agreeing to comply with and be bound by these terms and conditions of use, the term “Carpenters Nursery” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.
• The use of this website is subject to the following terms of use:
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
• We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect or consequential losses;

In any case whether or not such losses were within the contemplation of the parties at the date of the Conditions, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Your Status

• If you are a consumer, you may only purchase Products from our Website if you are at least 18 years old.
• Anyone ordering Products from our website will be deemed to be at least 18 years old.
• As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
• These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any document referred to in them.
• By placing an order through our Website, you warrant that:
• you are legally capable of entering into binding contracts;
• you have authority to bind any business on whose behalf you use our Website to purchase Products.
• you are at least 18 years old;
• you are resident in the United Kingdom.
• you are accessing our Website from the United Kingdom.

Ordering & Purchasing

• Orders placed with Carpenters Nursery Ltd may be subject to acceptance based upon a minimum spend, which are published on our website. Carpenters Nursery Ltd reserves the right to alter the existing, or introduce new minimum spend conditions which will be published our website.
• Any orders you make on the website will be automatically submitted to us at the time of placement. You have the ability to alter, amend and cancel your order up until 3 hours before the start time of the selected collection window. Any alterations, amendments or cancellations must be made by email prior to this cut off time and by allowing an order to be submitted to us you confirm that you have made any such corrections and cancellations and enter into a contract to buy the products from us. You cannot then cancel or withdraw your order, or any part of it except as per 6.5 below.
• Where the removal of a product reduces your spend in a particular product category below a given minimum spend threshold then we reserve the right not to refuse the order. Such refusals will be credited in full, however, we will bear no liability for such refusals.
• No order placed online is accepted from us until we send you a confirmation email. Where you have sent us an email notification of a change of order, you will receive an ‘order alteration’ email and this email should be kept for reference until your order has been collected and accepted as correct.
• While we will endeavour to complete all accepted orders, our products are subject to availability and we do not always know if a product is, or will be available for collection at the time of accepting an order. If we are unable to pick an item you have ordered we may offer a reasonable substitute. You may reject this substitute and you will not be charged for it, or where payment has already been taken you will be refunded any amount paid for that item. Where we do not offer a substitute product the item will be removed from your order and again you will not be charged for it, or where payment has already been taken you will be refunded any amount paid for that item. We will bear no liability for the unavailability of our products.
• All of the products that we offer are subject to variations in seasonal availability, size and weight. The guide weight is for guidance only; the weight you receive may vary from this guide. Upon placement of order, you will be charged the price for the guide weight and then credited or charged the difference based on the weight of the product that is picked. You accept that the price to be paid for all items will be that as stated on the receipt at time of collection and on settlement of the balance payment.
• Where an item has been displayed on our website with an incorrect, erroneous price we reserve the right to remove that item from your order, amend the price to one that is correct or to not deliver the item and refund the price paid.
• All prices displayed on the website are inclusive of any applicable taxes and duty (including VAT).
• We only sell to consumers and you must not resell any products ordered from us.

Collection

• It is your responsibility to make suitable arrangements to collect your order. It is important that you provide a suitable means (at your own cost) to collect any goods you have ordered. We cannot guarantee the freshness and quality of products collected after the specified collection slot.
• Upon collection & payment you will accept that you are in possession of the ordered goods; we will not accept any liability for damage to, or theft of your goods, nor will we accept any liability for any incidents which may arise as a result of the theft or damage to such goods after this time.
• We cannot accept liability for any inconvenience or loss where we are unable to supply to you an order within the requested collection slot for reasons beyond our control (e.g. adverse weather, strike actions, supplier failures). We will of course refund you for any part of your order which is not supplied or which has been compromised as a result of the delay.
• You must inspect your goods upon collection and notify us promptly of any errors. We will refund you for any products you receive that were not ordered, are faulty, have been substituted with a product that is unacceptable to you or that were supplied without us following these terms and conditions. However, such liability will be limited to the value of the erroneous and / or undelivered goods.

Our returns & refunds policy

• We endeavour to make sure everything is in perfect condition at the time of collection but if an item is damaged, faulty or not what you ordered, please contact us within 24 hours by email to let us know. It can then be returned to us within 24 hours of notification provided the Product has been unused, is returned in the same condition in which you received it, including being in its original packaging for exchange or refund.
• If there is a problem with a Product that has a manufacturer’s warranty or guarantee, please contact them directly.
• Due to Health & Safety issues we are unable to accept the return of perishable food items where we are not at fault. For non-perishable food items (juices, condiments etc) please contact us within 24 hours and the item can be returned to us within 48 hours of the time of notification, provided the Product has been unused and is returned in the same condition at time of purchase, including being, in its original packaging which must not be damaged or opened, for exchange or refund at our sole discretion.
• When you return a Product to us for any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the date we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
• We will usually refund any money using the same method originally used by you to pay for your purchase.
• If a Product is not returned in a fully resaleable condition, we reserve the right to refuse a refund.
• FOR ALL RETURNS please contact 01727 853340 between 8.30am and 5.30pm Monday to Friday or email us at info@carpentersnursery.co.uk

Warranties & applicable law

• We guarantee that our products will be of a satisfactory condition and quality (with the exception of defects caused by your mis-use, neglect or by accidents while the goods were in your possession). Please notify us if you are dissatisfied with any of our products.
• We accept no liability in relation to representation, including unforeseeable losses, and losses to a business (loss of reputation, profits, trade or trade opportunities).
• Our entire liability under these terms and conditions will not exceed the purchase price of the goods in question. Also, nothing in these terms and conditions can limit our liability to your death or personal injury resulting from our negligence or that of our employees, agents or subcontractors.
• We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, adverse weather, acts of God, strikes, labour disputes, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
• You are not entitled to assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
• These terms and conditions are governed by and construed in accordance with British law and the British courts will have no-exclusive jurisdiction over any disputes which arise in relation to these terms and conditions.
• If any of the provisions in these terms and conditions are found to be invalid by a court having jurisdiction, then the invalidity of that provision will not affect the validity of any other provisions within these terms and conditions.

Waiver

• If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
• A waiver by us of any default shall not constitute a waiver of any subsequent default.
• No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 27 above.

Entire agreement

• These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
• We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.
• Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.

Our right to vary these Terms

• We have the right to revise and amend these Terms from time to time to reflect changes, including but not limited to, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
• You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within 14 Working Days of receipt by you of the Products).

Our returns & refunds policy

• We endeavour to make sure everything is in perfect condition at the time of collection but if an item is damaged, faulty or not what you ordered, please contact us within 24 hours by email to let us know. It can then be returned to us within 24 hours of notification provided the Product has been unused, is returned in the same condition in which you received it, including being in its original packaging for exchange or refund.
• If there is a problem with a Product that has a manufacturer’s warranty or guarantee, please contact them directly.
• Due to Health & Safety issues we are unable to accept the return of perishable food items where we are not at fault. For non-perishable food items (juices, condiments etc) please contact us within 24 hours and the item can be returned to us within 48 hours of the time of notification, provided the Product has been unused and is returned in the same condition at time of purchase, including being, in its original packaging which must not be damaged or opened, for exchange or refund at our sole discretion.
• When you return a Product to us for any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the date we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
• We will usually refund any money using the same method originally used by you to pay for your purchase.
• If a Product is not returned in a fully resaleable condition, we reserve the right to refuse a refund.
• FOR ALL RETURNS please contact 01727 853340 between 8.30am and 5.30pm Monday to Friday or email us at info@carpentersnursery.co.uk