Terms and Conditions
Please find below the Thorncroft Clematis Website TERMS AND CONDITIONS FOR USE.
Last reviewed: 11 November 2019
These Terms and Conditions apply to the use of this website at www.thorncroftclematis.co.uk. By accessing the website www.thorncroftclematis.co.uk and/or placing an order, you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website. The www.thorncroftclematis.co.uk website is operated by Thorncroft Clematis & Climbers Ltd. We are not registered for VAT.
Our plants are all mature and garden ready 2 year old plants in a minimum of a 2 litre pot. For more information about our plants click here - Our Quality Clematis Plants
Whilst every care is taken on the nursery to produce strong healthy plants, we cannot accept liability for plants which fail after 28 days from the date of purchase. This is because plants can fail due to poor weather conditions, damage by animals and pests, not being planted and watered carefully, or neglect - in fact, reasons beyond our control! Upon purchase, or receipt, the responsibility for the welfare of the plants passes from us to the customer. Please follow carefully our Clematis Care Guide, supplied with each order. If a plant does fail before 28 days we will replace it free of charge, or issue a credit note, providing the plant is returned to us with the name label and receipt. Replacement or a credit note will be issued at the discretion of the nursery.
When autumn planting (September-November) please keep in mind that we will not replace winter failures free of charge, bad weather is not our fault!
Wilt is a known issue for clematis, however these days it is not considered a common problem in most gardens. Because of the fundamental predisposition of this effecting clematis, we can not cover this in our guarantee as it is accepted that we can not tell when or where it might effect a plant. Once again it is a factor beyond our control.
Claims for damage, or delay, must be notified within 5 working days from the date of dispatch. Parcels delivered badly damaged should be reported to the nursery immediately and all packaging must be retained. We cannot accept liability for plants held up in transit due to delays beyond the carrier's control.
To quote the International Clematis Register, "There are some cultivars [in the Register and Checklist] whose flowers have a surprisingly wide colour range. This may be because the plants produce flowers that have different colours or tints when grown in sun or shade." "To add to the problem, the light conditions under which a colour is viewed, often have an influence on how a colour is perceived." "Colour perception also varies between individuals: different people may see the same colour in different ways, resulting in apparent colour variation. Even those who apparently see a colour in the same way may describe it in different terms."
All photographs and descriptions provided on our website or plant labels are a guide ONLY.
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1.3 If you have any concerns about material on our site, please contact us by email at firstname.lastname@example.org.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made , unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods, services or information ordered by you are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
(e) if we do not deliver to your area;
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
3.1 Our prices do not include VAT. We are not VAT registered.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review will be on 1st January and each year thereafter.
3.4 Special offers and promotions - We reserve the right to end any special offers, discounts and promotions at anytime without prior notice and special offers, discounts and promotions may not be applied retrospectively.
4.1 We will deliver goods ordered by you as soon as possible to the address you give us for delivery, usually within 7 days of ordering but in any event within 182 days of your order. For full Delivery Details Please see here - Delivery Details
4.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, or by email, of the problem within 5 working days of the delivery of the goods in question.
4.3 If you do not receive goods ordered by you within 182 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 182 from the date on which you ordered the goods.
4.4 If our carrier is unable to deliver your goods after making reasonable efforts and a safe place for your goods to be left has not been advised to us or is not available, you may be charged for the return of the goods to us, should a charge be applied.
4.5 We can not be held responsible for deliveries that are delayed due to wrong or incomplete address details given to us or for the condition of the goods due to delays of this nature.
4.6 Where delivery is requested by a customer to a Pick-up Shop it is the responsibility of the customer to provide the required proof of identity. In the event that goods are returned to sender the cost of delivery and return will not be refunded.
5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, or by email, of the problem within 5 working days of the delivery of the goods in question.
5.2 If you do not receive goods ordered by you within 182 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 182 from the date on which you ordered the goods.
5.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
5.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.3(c) above.
5.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
5.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6. REFUNDS, CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY – FOR CONSUMERS ONLY
6.1 This section applies to consumers only (and not to businesses or other organisations) who order goods
6.2 If you wish to cancel your order:
(a) you can notify us by email to email@example.com before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 above.
6.3 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
6.4 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required, less (if for any reason the these costs have not been paid by you) the costs of delivery to us.
6.5 The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances: -
* in the event that the product has been used
* to any products that by their nature have a limited lifespan, such as flowers, plants and fresh food.
* in the event that the product is no longer in a saleable condition upon its return.
* Change of Mind - If you have simply changed your mind or ordered the wrong item, we will only refund you if the products is in a re-saleable condition upon its return to us.
6.6 In the event an order is cancelled before dispatch but after the dispatch date is agreed or email shipment acknowledgement has been sent and plants have been prepared for dispatch and reserved, a restocking charge may be applied.
The provisions of this clause 6.5 do not affect your statutory rights.
7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c)any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
9.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the Website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users ).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.
9.5 It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. Remember that the site and your content may be accessed by children.
9.6 If you notice any content which breaches these conditions, please notify us by email to firstname.lastname@example.org.
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Thorncroft Clematis logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Thorncroft Clematis trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.
10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2.
11.1 To register with www.thorncroftclematis.co.uk you must be over 18 years of age.
11.2 Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
12.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
12.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
13.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
13.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
13.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.4 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
14. GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
14.2 We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
15.1 These Terms and Conditions were created on 1st May 2010, using templates provided by www.e-terms.co.uk.
15.2 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
15.3 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
15.4 No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
Prepared by Lawyers Direct www.lawyers-direct.biz in association with e-terms.co.uk
Our contact details are as follows:
Correspondence Address : Merryfield, North Green, Reymerston, Norwich, Norfolk, NR9 4RD
Registered Office : Ross House, The Square, Stow On The Wold, Gloucestershire, GL54 1AF
Trading Address for Pre-Arranged Collections ONLY : Rails End Nursery, Back Lane, Ashton-Under-Hill, Evesham, Worcestershire, WR11 7RG
General email: email@example.com
Telephone number: 01953 850 407
Registered in England No: 10517136