Terms & Conditions
By purchasing goods or services from Waterperry Gardens Ltd (reg. in England no. 2233285, Vat Reg GB 537124948) you are entering into a legally binding agreement with us under the following terms. You should therefore have read and understood these terms and conditions, as they may affect your rights and liabilities.
We reserve the right to remove, modify or change without notice any information on this Website from time to time. We may also change these Terms and Conditions at any time by posting notice of the changes on the Website. If you use the Website after any changes have been made you will be bound by the new Conditions. You should therefore ensure that you read the Conditions each time you use the Website. If you do not agree to any changes to the Conditions then you must immediately stop using the Website.
Definitions and Interpretation
In these terms the following words are defined as follows;
Contract -The contract for the sale and purchase of goods
Delivery Area - Only addresses within the United Kingdom but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, north of Inverness, Northern Ireland and the Channel Isles.
Goods - the range of plants, garden and horticultural products, beverages, courses, vouchers, other goods, or services (including any instalments of the goods or any parts for them), which are available for purchase from our web site in accordance with the terms;
the Web Site - our presence on the World Wide Web, currently accessible via the address www.waterperrygardens.co.uk
the Seller, we, or us - Waterperry Gardens Ltd (company number 2233285) Our registered office is at Waterperry Horticultural Centre, Waterperry Gardens, Waterperry, Wheatley, Oxfordshire, OX33 1JZ
User, you – any user of this website.
1. Basis of the sale
1.1. An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our Web Site. The description of the Goods, the price, VAT and delivery costs are set out on the order page. We will accept your order on-screen and confirm.
1.2. Our descriptions and photographs are aimed at giving you a clear idea of the nature of the goods we are selling. However, you will appreciate that there may be variations in size, shape and colour between different specimens. Illustrations, descriptions and other information referring to particular items are therefore given for your guidance only. We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations.
2. Details of the order
2.1. The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).
2.2. Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects the current pricing, your address is within our Delivery Area and your credit or debit card is authorised for the transaction.
2.3. All goods available for purchase on our web site are only available for delivery to you at the costs quoted if you are based within our delivery area. Delivery outside these areas may be possible but costs would need to be agreed prior to acceptance of the order, please contact us to arrange this.
3. Price of the Goods
3.1. If the price of the Goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will of course have the option of canceling the order.
3.2. Our charges for delivery within the delivery area are quoted on the order page and are automatically added to the price of the Goods purchased to give the total amount due.
4. Payment terms
4.1. We will take credit card payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. In such cases card payments will be taken up to 7 days before dispatch. We accept no liability if delivery is delayed due to incorrect payment details.
4.2. If it is not possible to obtain full payment for the Goods from your account, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.
4.3. We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
5.1. We will deliver the Goods to the address that you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
5.2. We will aim to deliver within 2 working days but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
6. Risk and ownership
6.1. Risk of damage to or loss of the Goods passes to you at the time of delivery to you or if you fail to take delivery at the agreed time, the time when we tried to deliver the Goods.
6.2. You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
7. Returns/Options to cancel
Please read our Returns and Cancellation Policy which together with this page forms our Terms and Conditions of Sale.
8.1. We aim to provide high quality plants and products to our customers. Accordingly, we warrant that where the Goods are products and not already covered by a manufacturer's guarantee, they will meet their specification and will be free from defects in materials and workmanship at the time of delivery. Where the Goods are hardy plants, we warrant that they are covered by a one-year guarantee. If the plant should die of natural causes up to one year after they have been delivered, we will replace it free of charge. We further undertake that they will be in good condition at the time of delivery.
8.2. Plants will be of the type ordered. If that type is not available we will let you know by e-mail and, if possible, suggest a suitable alternative that is available. If you do not want the alternative suggested, you will be entitled to order another plant or cancel your order, as you wish.
9.1. If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Goods within 7days, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.
9.2. We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer. We shall, however, be liable for losses that you suffer as a result of our breach of contract and that could have been contemplated by both you and us at the time the contract is concluded.
9.3. These terms and conditions do not affect your statutory rights as a consumer.
9.4. We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the Web Site up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the Web Site are generally accurate but variations in colour, shape and size must be expected.
9.5. The content of the Web Site is directed solely at those who access the site from addresses within the Delivery Area. We assume no responsibility for the contents of any other web sites to which this Web Site has links.
10. Matters out of our control
We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.
11.1. All of the written, photographic, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and are protected as such. All rights reserved.
11.2. None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.
11.3. All names, logos, slogans, or other phrases may be a trademark of ours or another person or corporation. Any unauthorised use of a trademark is unlawful.
13.1. We reserve the right to make changes to this Web Site and these terms at any time.
14.1. If you wish to complain about any aspect of our service, please email us at firstname.lastname@example.org
15.1. E-mails sent to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and tell us of any changes to it.
15.2. If either you or we fail to enforce a right under these terms, that failure will not stop you or us from enforcing the other rights, or the same type of right on a later occasion.
15.3. To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
15.4. The headings in these terms are for convenience only and will not affect their interpretation.
16. Governing law and jurisdiction
English law will govern these terms and exclusively the English Courts will resolve any disputes.