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Terms and Conditions

By purchasing goods from our Ashwood Nurseries’ Mail Order Service and Online Shop you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this web site and in our literature.

DEFINITIONS AND INTERPRETATION

In these terms the following words have the following meanings.

Contract: The contract for the sale and purchase of the Goods;

Delivery Area: As outlined on our Delivery Page

Mail Order Service: This includes the online shop on our Website, our postal ordering service and telephone ordering.

Goods: The range of plants and garden products offered for purchase from our Mail Order Service in accordance with the terms;

Website: Our website is currently accessed via the address www.ashwoodnurseries .com

Seller, we, or us:

Ashwood Nurseries Ltd., ashwoodnurseries.com

Our Company Number: 3131614

Our address: Ashwood Lower Lane, Kingswinford, West Midlands DY6 0AE

BASIS OF THE SALE

  1. Ordering Method: If you are ordering via our Online Shop we will confirm acceptance of your order on-screen. If you are ordering via our postal ordering service or our telephone ordering service we will check the availability of the Goods and we will confirm acceptance of your order by email or telephone.
  2. Description of Plants and Seed: We aim to give you a clear idea of the nature of the plants and seeds we sell. However, there are always slight variations in size, shape and colour between different specimens and illustrations and descriptions are approximate and for guidance only. Goods cannot be returned purely on the basis that the flower colour or other characteristics do not exactly match a particular illustration and description. We only accept orders on this basis.
  3. Height* of Plants refers to a likely height after ten years.  This figure is for guidance only and is dependent on soil conditions and microclimate.  Additionally,  after 10 years, most trees, shrubs and conifers will continue to grow at a similar rate so the height stated for these should not be regarded as an ultimate height.
  4. Plants are ‘Perishable Goods’ and your rights as a Consumer do not fully apply. Hence there is a 7 day period for return of plants (see Returns Policy)

DETAILS OF THE ORDER

  1. The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).
  2. Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the specified Delivery Area and your credit or account card is authorised for the transaction.
  3. EU countries may have certain import restrictions (e.g. in respect of pest and disease control or size limitations) and this may prevent us from fulfilling an order in entirety. We will always notify you if this is the case.
  4. Emails 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 contact telephone number and tell us of any changes to them.

PRICE OF THE GOODS

  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 have the option of cancelling the order.
  2. Our charges for transport, packaging and insurance are detailed on the order page and will be included in the total price for the Goods. Charges are also outlined on our delivery information page but these may be subject to alteration.
  3. VAT is charged at the current rate.
  4. Occasionally an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.

DISCOUNT CODES AND SPECIAL OFFERS

Occasionally we  offer Discount Codes and Special Offers which adhere to the following guidelines:

  1. Discount Codes can only be used for online transactions: they cannot be redeemed on Click and Collect orders or in-store transactions.
  2. All Discount Codes and Special Offers exclude delivery costs, which will be charged at the normal rate.
  3. Start and end dates for Discount Codes apply and are clearly stated.
  4. All Special Offers are subject to availability – sale items are limited stock and although a product may show as in stock we may not be able to fulfil the order, due to increased demand. However, if the item ordered is out of stock you will be sent a notification and given a refund for the item.
  5. Any delivery promotions will only apply to destinations in England, Wales and mainland Scotland.
  6. All Special Offers and Discount Codes are at Ashwood Nurseries’ sole discretion and are subject to variation or withdrawal without notice.
  7. Discount Codes and Special Offers cannot be applied on to previously placed orders

 AVAILABILITY OF THE GOODS

  1. We may in our sole discretion from time to time vary the nature of the Goods from that are advertised without notice to you, so long as these variations are not material alterations.
  2.  We endeavour to hold sufficient stock to meet all orders but if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will refund you the price paid for such goods as soon as possible.

PAYMENT TERMS

  1. We will charge your credit card account for payment up to 2 days prior to despatch. We accept no liability if a delivery is delayed because you did not give us the right payment details.
  2. If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.
  3. Click and Collect orders are by payment in-store only.
  4. 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 our Mail Order Service unless this is solely due to our negligence.

DELIVERY

  1. We will deliver the Goods to the address 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.
  2. We will aim to deliver within the quoted time frame: our couriers have an excellent track record but delivery times are not guaranteed.

RISK AND OWNERSHIP

  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.
  2. You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full.

RETURNS AND RIGHTS TO CANCEL

These are outlined in our Returns Policy (including Rights to Cancel)

GUARANTEES

We aim to provide top quality plants and products to our customers.

  1. 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.
  2. Where the Goods are hardy plants, we warrant that they are covered by a one year guarantee. If a plant should die of natural causes (but not neglect) up to one year after it has been delivered, we will replace it free of charge (although we will have to charge for delivery). We further undertake that they will be in good condition at the time of delivery and will be of the type ordered, or if that type is not available we will let you know by e mail and, if possible, suggest a suitable alternative which 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.
  3. The availability, price and colour of plants we sell to you may vary according to seasonal and market availability. We will endeavour to confirm these details when we confirm your order for the plants or prior to delivery. If there have been any significant variations, you will have the option of cancelling your order.

LIABILITY

  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 a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.
  2. We will continually improve the Goods, so changes to them may be made at any time. We aim to keep the Website up to date but the information and specifications given are for your information only and are subject to change without notice. Images on the Website are generally accurate but variations in colour, shape and size must be expected.
  3. We assume no responsibility for the contents of any other websites to which this Website has links
  4. These terms and conditions do not affect your statutory rights as a consumer

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.

COPYRIGHT

  1. All of the written, photographic and design material  of the Website 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 is protected as such. All rights reserved.
  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.
  3. All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.

SECURITY AND PRIVACY

These are outlined in our Security Policy

CHANGES

We reserve the right to make changes to this website and these terms at any time.

COMPLAINTS

If you wish to complain about any aspect of our service, please email us at info@ashwoodnurseries.com

GOVERNING LAW AND JURISDICTION

These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.