Our Terms and Conditions

1. Introduction

1.1       These terms and conditions apply to each of the following:

• The use of this Website
• The sale of any goods and / or services via this Website, and
• Your relationship with us. 

1.2       By using this Website and/or placing an order you agree to be bound by the Conditions as set out below.  If you do not agree to be bound by the Conditions you may not access this Website, nor be able to purchase any goods or services from us.

• 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 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 change to the Conditions then you must immediately stop using the Website.
• Your attention is drawn in particular to certain clauses in these Conditions - in particular clause 16.3, which removes any right which might otherwise exist to cancel your order in the case of Perishable Products (which are defined below). There are also important provisions regarding:
• our liabilities to you in clause 20;
• delivery in clause 10; and
• risk and ownership in clause 15.

2.         Definitions

The following expressions shall have the following meanings in the Conditions:
“Conditions” means these terms and conditions, the Special Conditions, the Privacy Policy and any other policies referred to on this Website from time to time;
“Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer;
“Customer Services” means our Customer Services helpdesk, the contact details of which are available here;
“Perishable Product” means any Product which includes a plant, as we consider by its nature that the Product is liable to deteriorate or expire rapidly.
“Personal Information” means the details provided by you:

• on registration or
• on placing an order or
• in updating your ‘My Account’ details, or
• in dealings with our Customer Services Helpdesk;

“Privacy Policy” means our policy relating to the use of your Personal Information which can be read here;
“Product” means a product displayed for sale on the Website;
“Special Conditions” means any terms and conditions expressly specified as such in the description of the Product;
“United Kingdom” means mainland England, Wales, and Scotland, but excluding any parts thereof which are not linked by vehicular bridge to the mainland such as: Northern Ireland; the Isle of Man; and the Channel Islands.
“Users” means the users of the Website collectively;
“We/Us” means Choice Gardening Online Ltd Company No. 06844909  VAT No 977 515672 trading as www.choicegardening.co.uk  Our registered office is at St Peters Garden Centre, Pear Tree Farm Broomhall Norton Worcester WR5 2NY
“Website” means the website located at www.choicegardening.co.uk or any subsequent URL which may replace it;
“You” means a user of this Website

3.         Use of the Website

3.1       The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
3.2       This Website is provided to you for your personal use only.  You agree that:
3.2.1    you will not use the Website for commercial or non-domestic purposes.
3.2.2    you warrant that:

• The Personal Information which you are required to provide when you register as a User or place an order is complete and accurate; and
• You will notify us of any changes to your Personal Information.

3.2.3    you will not impersonate any other person or entity or use a false name or a name or other details that you are not authorised to use.
3.2.4    any Personal Information supplied by you will only be held and used by ourselves in accordance with our Privacy Policy and we will not use or pass on your details to any third party without your consent except to enable us to process or to fulfill your order, or as is otherwise permitted or authorised by the Conditions (including our Privacy Policy).
3.2.5    you do not object to us obtaining, holding, using, sharing or otherwise processing your Personal Information or contacting you in relation to any of the purposes permitted or authorised by the Conditions (including our Privacy Policy).
3.2.6    when you register to use the Website you understand that you will be asked to create a password.  In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone.  If you know or suspect that someone else knows your password you should notify us by contacting Customer Services immediately.
3.2.7    if we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account.
3.2.8    we may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under the Conditions.  You can cancel your registration at any time by informing Customer Services in writing. If you do so you must stop using the Website.
3.2.9    the suspension or cancellation of your registration and your right to use the Website shall not affect either party’s statutory rights.

4.         Intellectual Property

4.1       You acknowledge and agree that:
4.1.1    all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors.
4.1.2    you may view or print individual pages from the Website for your own personal non-commercial use only.  You may not copy, reproduce, modify, distribute, commercially exploit, publish, re-sell, display, post, or transmit any part of this Website without our written permission.
4.1.3    we may make available on this Website Variety Products under licence from the breeders of Variety Products. You should be aware that any propagation by cuttings taken from any Product sold on our website may infringe breeder’s rights.  You agree that any such propagation from Products sold to you will be entirely at your own risk and without any responsibility or liability to you on our part.

5.         Purchase of Products

5.1       All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these Conditions.
5.2       You will be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
5.3.      No order submitted by you shall be deemed to be accepted by us unless and until we confirm acceptance of your order by e-mail (where applicable) or by telephone or by delivery.
5.4.      We are entitled to refuse any order placed by you.

6.         Product Descriptions

6.1       Whilst we make every effort to show and describe our products as accurately as possible, you agree and acknowledge that:

• Some packaging and descriptions may vary as new models  and branding alter from season to season

7.         Prices

7.1       All prices quoted are in British pounds (ÂŁ) and are accurate at the time published but may be subject to change. VAT is included at the current rate where appropriate.
7.2       If the price goes up or down in the period between you placing and receiving your order, you will be charged the price at which we offered the Product(s) in question at the time your order was placed.

8.         Payment

8.1       We accept payment for goods in a number of ways, which you will find listed in the checkout area.
8.2       Payment for the full amount of your purchases is collected at the time of order, no matter when the goods are to be delivered. We do this to avoid problems of credit/debit cards having expired by the date of delivery, and to reduce administration costs when orders are fulfilled in stages (and so saving you money in the longer term).
8.3       Should any items not be available we will refund you the amount in full by the same method as your payment as soon as we are aware of the difference.

9.         Promotional Vouchers

9.1       We may offer promotional vouchers at various times which can be used as part payment. Use of these electronic vouchers is governed by the following terms:

• Limit of one promotional voucher per customer per order.
• Promotional vouchers cannot be applied after an order has been placed with us.
• If your order exceeds the value of your promotional voucher you must pay for the balance with a credit or debit card, or by one of our other accepted methods of payment. Any unused value of the voucher will be lost.
• Promotional vouchers have an expiry date. Please refer to your voucher for the expiry date and for any other additional offer restrictions.
• We reserve the right to withdraw any voucher at any time without notice.
• The voucher remains our property at all times.
• Each voucher has a cash value of 0.001p and is not transferable or assignable.

Subject to the above, our normal Conditions also apply.

10.       Delivery

• We will only deliver to customers within the United Kingdom, and any orders attempting to require us to do otherwise will be null and void.

• We may be required to refuse deliveries of orders in the event of plant passport restrictions or other import, export or movement restrictions [and we may refuse to accept an order where acceptance would lead to disproportionately high carriage costs].

10.3     Delivery charges will be as specified in the Delivery section of this Website, subject to any Special Conditions.
10.4     Because of the nature of many of our Products, items may be despatched at different times. This is to ensure that you receive our Products at the best time of year. These despatches may be spread over several weeks, particularly if you have ordered several types of plant. Please refer to the description of the relevant Product for any specific planned despatch periods for that Product.
10.5     Orders for items that are available for immediate despatch are normally sent within 1 to 4 working days, except sometimes during our busiest months (generally December, March to July) when it may take a few days longer. 
10.6     If you think you will be on holiday, or away from your delivery address when your order is due to be delivered, please give us at least 7 days notice and we will do our best to hold back despatch of your order until you return. We cannot however guarantee that the Product will still be available; in particular it may not be possible to bring forward or hold back delivery of seasonal items. Alternatively, please contact Customer Services to provide an alternative delivery address.
10.7     Delivery is deemed to have taken place at the time when delivery is first attempted at the delivery address provided by you in accordance with any delivery instructions.

11.       Availability

11.1     All Products are subject to availability and may be withdrawn at any time, including after you have placed your order.
11.2     Products such as young plants and other seasonal items are available for a fixed and limited period only.
11.3     If your order cannot be fulfilled we will let you know and (subject to the provisions on Substitute Products below) we will refund any monies due.

12.       Substitute Products

12.1     We may occasionally substitute products of a similar description, and of equivalent quality and price, where for example the original item becomes unavailable. In the event that you are not happy with the substitute we send, you should contact us within 7 days and we will arrange for a full refund or replacement. We will usually require you to return the Product before we refund you or replace the Product. In the event that you have to return a substitute product, we will reimburse you for any postage up to the value of ÂŁ4, or if postage would cost more than ÂŁ4 we will arrange for the Product’s collection. Please see below for more detail about returns, refunds and replacements.

13.       Receiving your order

13.1     You agree to unpack your order immediately on arrival and check that everything you expect is enclosed. This is especially important for orders containing plants as some may suffer if kept in their packaging for any length of time and the success you have may well be reduced.
13.2     If you have ordered a number of items for delivery in the same period we may decide to send these to you in several parcels. Each box will be labelled so you know what is enclosed or will contain details of the enclosed plants. Don’t worry if you do not receive your entire order for each delivery period on the same day, but please contact us if the remaining packages have not arrived within seven days.    

14.       Risk & ownership

14.1     Risk of damage to or loss of the goods passes to you either at the time of delivery to you (or to the agreed delivery address), or at the time we attempted to deliver to you in accordance with your delivery instructions, whichever is the sooner.
14.2     You will own the goods as soon as:

• delivery has taken place; and
• we have received cleared payment in full.

15.       Cancellations

15.1     You can cancel or change any of your current orders prior to despatch by contacting Customer Services.

• If you wish to cancel your order after delivery and you do so in writing within 7 days of the date of delivery, you are entitled to a full refund or replacement, subject to these Conditions.