Cotswold Garden Flowers: Conditions of Sale
1 Definitions and Interpretations
The contract for the sale and purchase of the plants which entered into by your order and our acceptance of it.
England Wales and Scotland, excluding all Islands. Customers living outside this delivery area should contact the Nursery as, if it is possible to deliver to that address, there will be additional delivery charges and the sale will not be effected via the web-site.
Please note we cannot deliver outside Europe.
Any items available for purchase on our website.
Our website www.cgf.net
The Seller, we, or us
All these terms refer to Robert Chadwin Brown and Diana Brown trading as Cotswold Garden Flowers.
Our postal Address is Cotswold Garden Flowers, Browns' Nursery, Gibbs Lane, Offenham, Evesham, WR11 8RR.
Our telephone number is: 01386 422829
Our email address is: email@example.com
2 Basis of the Sale
1) We will accept your order made via our website on a conditional basis. The contract of sale is conditional on the availability of sufficient plants of suitable quality at the time of despatch. In the event that we cannot substantially fulfil your order we will endeavour to contact you to discuss any acceptable substitutions for plants we cannot deliver at that time. If you can, please provide us with a daytime or mobile phone number. This can greatly facilitate last minute communications prior to despatch of your plants. If we are unable to contact you prior to despatch we will send only the plants ordered which are of an acceptable standard without substitutes
2) We aim to supply all our customers with strong healthy plants. Due to the variety of plants that we grow pot size may vary from 7cm pots to 2 litre pots, in all cases we aim to supply a plant big enough to be planted. There will be’ at times, variations in size between different plants as is inevitable with a living product. All photographs and information on the website are for purposes of guidance only. While we make every effort to post on the web-site photos, which truly represent the plant, colour will not always be 100% true – in particular it is sometimes difficult to accurately represent different shades of red and violet.
3) Plants supplied to you will be true to the names specified by you in the order.
3 Price of the Plants
1) Our prices and invoices do not refer to VAT as we are registered with HMRC’s Agricultural Flat Rate Scheme. Consequently the prices quoted are inclusive of all taxes.
2) Our delivery charges within our Delivery Area are detailed on the order page. All delivery charges will be included in the total price of the order.
3) Our prices remain valid until revised prices are posted on our web-site or products are removed from the web-site.
4 Payment Terms
1) We will charge your debit or credit card for payment only on the day of despatch.
2) If it is not possible to obtain full payment for the goods from your account on the day of despatch we may cancel the Contract or suspend any further deliveries to you. This will not affect any other rights you may have.
1) We will deliver the Plants to the Address within the Delivery Area you specify in your order. Please give instructions about where you would like the plants left, if you are out when they are delivered. Please note that we will endeavour to ensure, but cannot guarantee, that the carrier follows your instructions. We cannot, in principle, accept any liability or loss or damage to the plants once they have been delivered in accordance with your instructions.
2) We will deliver all plants within thirty days of receiving your order except where we are prevented from so doing by factors outside our control. If we are unable to comply with this requirement (and we have been unable to agree an extended period of time for delivery with you) we will inform you and refund any payment which has been made by you..
6 Risk and Ownership
1) Risk of damage to the plants 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.
2) You will only own the plants once they have been delivered and we have received clear payment in full. Goods supplied are supplied on the basis that they required for your own use and not for resale.
7 Returns Policy
1)At www.cgf.net we guarantee to only send you top quality plants and we will inspect everything before despatch to make sure it is in good condition. We carefully package all plants to make sure the plants do not get damaged in transit. Nevertheless your statutory rights apply in relation to all plants supplied by us.
2)If you receive a plant that you are unhappy with contact us immediately, certainly within 7 days. We will require you to send us a photograph to confirm its condition when you received it. Do bear in mind that plants may look different from the photographs depending upon the time of year. In winter deciduous shrubs will not have leaves and may look like dead twigs, herbaceous perennials and bulbs may look as if the pot is just filled with compost.
We may require you to return the plant(s), within fourteen days, in the original packaging, via our carriers (contact us so we can arrange collection). You will be either refunded or the plants will be replaced. Please note plants to be returned must be afforded while in your possession any necessary care – eg watering if appropriate. We will bear the cost of the return delivery.
3)If we send you something you have not ordered and which was not an agreed substitute item, you will be refunded any charges made by us.
4)yYou also have a right of cancellation under The Consumer Protection (Distance Selling) Regulations 2000 (as amended) which you may exercise by giving notice to us in writing or other durable medium that it is your intention to cancel the contract within seven working days beginning with the day after the day on which you receive the goods. Iin which event you must return all of the plants to us, undamaged, in their original packaging, at your own cost. If you cancel your contract to purchase plants in this way we will refund your payment less any charge we are entitled to make for the costs of recovering the plants concerned. We would draw to your attention the duties of purchasers who cancel distance purchases under Regulation 17 of these Regulations.
Contact us on 01386 422829 between 9.30am and 5pm Monday to Friday or email firstname.lastname@example.org. You can also write to Cotswold Garden Flowers, Browns' Nursery, Gibbs Lane. Offenham, Evesham, WR11 8RR. We will deal with your query as soon as possible, hopefully to your satisfaction.
1) Except in respect of death or personal injury caused by our negligence, we will not be liable to you for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) or the Supply of Goods and Services Act 1973 or the Sale and Supply of Goods Act 1994 or The Consumer Protection (Distance Selling) Regulations 2000 (as amended).
2) These terms and conditions also do not affect any other statutory rights which you have as a consumer.
9 Matters Out of Our Control
We will not be liable to you in damages for breach of the contract for delay or failure to perform due to a cause beyond our reasonable control.
1) All the written, design and photographic content of the website with the selection and arrangement of it and all software compilations are our copyrighted property or of the people who have granted us the right to use it and is protected as such. All rights reserved.
2) None of this matter may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.
3) All names, slogans or other phrases may be a trademark of ours or another person or corporation. Any unauthorised use of a trademark is unlawful.
In placing an order with us it is necessary for us to ask you for an email address a telephone number and a postal address. We promise never to give out this personal information to any third party unless we are legally required to do so. We would like to send you from time to time information about our plants by either email or post. If you do not wish to receive such communications please email us at email@example.com. Your credit card details as placed on the website are encrypted with secure server software so they cannot be accessed by anybody else save ourselves. We are registered under the Data Protection Act. Our registration number is Z6252146.
We reserve the right to make changes to this website without notice. If we need to change these contract conditions of sale we will place a note on our Home Page that we have done so.
If you wish to complain about any aspect of our service please email us at firstname.lastname@example.org
1) emails to you will be to the address you specify to us. It is important that you give us an accurate and valid email Address and update us if there are any changes to it.
2) If either we or you fail to enforce a right under these terms that failure will not stop us or you from enforcing the other rights or the same type of right on any other occasion.
3) To the extent that any provision of these terms is found by a court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be 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.
4) The headings in these terms are only for convenience and will not affect their interpretation.
15 Governing Law and Jurisdiction
These terms will be governed by and construed in accordance with the law of England and any dispute in relation to the obligations of the parties shall be subject to the exclusive jurisdiction of the courts of England..