Terms and conditions of sale (on-line sales only).

Definitions

Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.

Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.

Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.

Goods means the articles that the Buyer agrees to buy from the Seller.

Seller means Horticolour Limited of:

Clements End Road, Studham, Bedfordshire,LU6 2NG.

Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.

Conditions

Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller's address at:

Studham Nursery, Clements End Road, Studham, Bedfordshire, LU6 2NG

Ordering

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

Price and payment

The price of the Goods shall be that which is stipulated on the Website or through any other communication from the seller. The price is inclusive of VAT unless otherwise stated. The price excludes delivery charges unless otherwise stated.

The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.

Payment of the price plus VAT and delivery charges must be made in full 30 days net from the date of the invoice.

Delivery

If the goods are to be delivered by the seller, the delivery dates of the goods will be agreed between the buyer and the seller.

Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

Rights of seller

The Seller reserves the right to periodically update prices,, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order. Any quotation for supply of goods by the seller shall stand for a minimum of 30 days

The Seller reserves the right to withdraw any goods from the Website at any time.

The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

Cancellation of the order by the Buyer

The buyer has the right to cancel the contract within 3 working days without giving any reason. The 7 days shall start the day after delivery of the goods.

The cancellation notice should be sent by email to the seller and must state your name, a description of the goods concerned and the contract reference number.

It is a condition of this agreement that the buyer should take reasonable care of the goods and return them in their original packaging to the seller in order to recieve a full refund. Any use of the goods on delivery beyond inspection would invalidate the buyers rights to cancel the contract. The cost of returning the goods would be at the expense of the buyer.

Once the goods are back in the possession of the seller a full refund would be issued to the buyer.

It is the sellers intention to deal with its customers in a straight and honest manner and to describe its products as accurately as possible. If the seller falls below this high standard and the goods supplied are deemed not to be as described or of a high quality the seller warrants to refund in full, including the costs of collection back to the seller.

Warranty

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.

All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.

Cancellation and return

The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a replacement product and where possible this will take place at the same time as collection of the faulty goods.

Limitation of liability

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.

Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Changes to terms and conditions

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.