TERMS AND CONDITIONS

 
When you make a purchase of any of our Products on our website www.notcutts.co.uk you enter into a legally binding agreement with us on these Terms and Conditions of purchase. This page (together with the documents referred to in it) set out the terms and conditions on which we supply any of the Products to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you should not order any Products from our Website.

 
1.  Definitions and Interpretation

In these terms and conditions, the following words will have the following meanings:-

“Contract” means the contract for the sale and purchase of Products on these Terms and Conditions;

“Delivery Area” means all those areas comprising of mainland United Kingdom and Scotland excluding the Scottish Isles, Ireland, the Isle of Man, the Isle of Wight, the Channel Isles and all those areas located within the following postcodes :

AB,DD8-11, KW15-17, ZE1-99, GY1-99, JE1-pp, PA20-23, 24-40,PH49-50,HS9-99,PA41-49,PA60-78, PH41-44,PH19-26, 30-41, HS1-8, IV41-51,55,56, KA27-28,IV1-28,30-32,36,40,52-54, AB37,38,55,56, PH19-26, 30-35, KW1-3, 5-14, IM1-99, TR21-25, BT1-99, EIRE/ROI, BFPO 01-BFPO999

“Order Confirmation” has the meaning given in section 4 below;
“Products” means all those products including but not limited to the range of plants and garden products which are available for purchase through our Website in accordance with these Terms and Conditions;

“the Seller, we or us” means Notcutts Limited, a company registered in England and Wales under company number 393104 and whose registered office is located at Notcutts Limited, The Nursery, Woodbridge, Suffolk, IP12 4AF;

“Terms and Conditions” means these terms and conditions of sale and purchase as amended from time to time;
“Website” means www.notcutts.co.uk;

“Working Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

2.  Information about us

www.notcutts.co.uk is a site operated by us.  Our main trading address is located at Notcutts Limited, The Nursery, Woodbridge, Suffolk, IP12 4AF and our VAT number is 102 6805 05.

3.  Your status

By placing an order through our site, you warrant that:

(a)       You are legally capable of entering into binding contracts;
(b)       You are at least 18 years old;
(c)       You are resident in the United Kingdom in our Delivery Area of England, Wales, and parts of Scotland. All offshore addresses are excluded and please be aware that we are unable to accept any orders placed within the United Kingdom for delivery outside of the Delivery Area.
(d)       You are accessing our site from the United Kingdom.  Please be aware that we are unfortunately unable to deliver any ordered Products outside of the Delivery Area.  Please see section 9 below for further information.

4.  How the contract is formed between you and us

Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us.  After placing an order, we will confirm such acceptance to you of your submitted order by sending you an e-mail that confirms that your order for the Product(s) has been accepted (the “Order Confirmation”).  The Contract between us will be formed only when we send you the Order Confirmation.

 
The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

In certain instances, such as where Products are dispatched from our own warehouses, we will endeavour to notify you by email of their dispatch although we are under no obligation to do so.  Please note that this will not apply to all Products sold on our Website.

Whilst every effort is made to ensure a clear description of our Products we sell is provided there may be slight variations in size, shape and colour shown.  Illustrations and descriptions supplied on our Website are for guidance only.  We reserve the right from time to time vary the nature of the Products advertised without notice to you provided these variations do not materially alter the Products sold.

5.  Our status

Please note that in some cases, we may accept orders as agents on behalf of third party sellers.  The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will provide you directly.  You should carefully review their terms and conditions applying to the transaction.

 
We may also provide links on our site to the websites of other companies, whether affiliated with us or not.  We give no undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

 
6.  Consumer rights

If you are contracting as a consumer, you may cancel a Contract at any time within 7 Working Days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in section 12 below). 

 
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost (which will be reimbursed to you provided the form of return is reasonable and has been agreed by us prior to return) and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation.  This provision does not affect your statutory rights.

Refunds of all cancelled Contracts in accordance with this section will be made within 30 days of notification to us of the cancelled Contract. 

 
7.  Risk and title

The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8.  Price and payment

The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error. 
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide . 
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced or showing as “In Stock” when they are no longer available.  In the case of the latter instance, our call centre will contact you regarding this.  We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

 
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card.  We accept payment with

 
MasterCard
Visa
Solo
Electron
Visa Debit

We will charge your credit or debit card upon Order Confirmation. We will only accept orders for items which are currently showing as “In Stock” on our Website when you place your order.  In the event that a Product is listed as being in stock but is found to be of unsatisfactory quality at the time of intended dispatch, we will notify you immediately via our call centre and if for any reason we are unable to fulfil your order within 30 days, we will refund the price paid by you at that time normally via the same method of payment by which you made your purchase.

 
Notwithstanding any other rights we may have (which are specifically reserved), in the event that we are unable to take full payment of the Products from your specified account, we reserve the right to cancel the Contract forthwith or to suspend any further deliveries to you. 
All reasonable care is taken by us to ensure all information provided by you in connection with your order is secure.  In the event that you may suffer loss through a third parties unauthorised access to any data you provide  to us when accessing and ordering from our Website, we cannot be held liable for that loss unless this is solely due to our negligence.

 
9.  Delivery

 
We are sorry that we can’t currently deliver to the whole of the UK.  Our Delivery Area covers mainland UK and most of Scotland with certain areas being excluded.  Please see the definition of Delivery Area above for further information on the excluded areas.  If you live in Scotland please check with us by contacting our Customer Care team on 0844 879 4166 before ordering to ensure we can deliver to your area.  Calls cost 5p per minute from a BT landline.  Mobile and other service providers rates may vary.

We do not currently deliver to anywhere outside the UK or the Delivery Area but we will accept orders placed within the UK outside of the  Delivery Area subject to a delivery address being provided which is within the Delivery Area.

For full details of delivery charges and delivery times to our Delivery Areas please see our delivery page. 

 
10.   Delivery Charges

We have tried to keep our delivery prices fair and simple.  Our wide range of Products does include some large and heavy items that need additional lifting and handling so the prices reflect that.
To ensure our plants arrive in the best possible condition, they are delivered direct to you from the nursery in specially designed packaging to protect them.  Items may be dispatched from different locations so your order may arrive in separate parcels and on different days.

 
Deliveries are made Monday to Friday excluding Saturdays, Sundays and Bank Holidays.

Standard delivery is 3 to 7 Working Days. We always aim to meet this but delivery times can’t be guaranteed and this may be for reasons beyond our control.

Large and heavy items may up to 14 Working Days to arrive.
Non standard delivery lead times will be shown with each Product where relevant.  Delivery charges will be indicated as you shop and confirmed during checkout.

 
Delivery prices are as follows;
Seeds                     £1.50
Standard                £5.00
Plants                     £tbc
Large                      £12.00
Heavy                    £25.00
Very Heavy           £40.00

(Delivered into your home, unpacked and packaging removed)
N.B  All delivery prices are inclusive of VAT unless otherwise stated.

Standard delivery is the same price regardless of how many items you buy. Some larger and heavier items have a delivery surcharge which is added to the standard rate charge.

 
12.  Our returns & refunds policy

All our Products come with a 30 day money back guarantee and all our hardy plants have a 5 year guarantee (see notes on plants below). We endeavour to make sure everything is in perfect condition before it leaves us but if you wish to make a return for any reason here is what to do;

If an item is damaged, faulty or not what you ordered, please contact us within 7 days to let us know.  It can be returned to us within 30 Working Days provided the Product has been unused, is returned in the same condition in which you received it including being its original packaging for exchange or refund.  We will either arrange collection by courier or ask you to return it by post. We will reimburse you for the original delivery charges you paid and any reasonable costs incurred in returning the item to us (provided the method of return has been agreed by us prior to return) during this period.
If there is a problem with a Product that has a manufacturer’s warranty please contact them directly.

If you wish to return or exchange an item where we are not at fault, please contact us within 7 days and the item can be returned within 30 Working Days, provided the Product has been unused and is returned in the same condition in which you received it including being in its original packaging which must not be damaged or opened, for exchange or refund at our sole discretion. You will be required to pay the return postage or collection costs. 
 

When you return a Product to us for any other reason (for instance, because you have notified us in accordance with section 27 below that you do not agree to any change in these Terms and Conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

 
We will usually refund any money using the same method originally used by you to pay for your purchase.
If a Product is not returned in a fully resaleable condition, we reserve the right to refuse a refund.  This does not affect your rights under section 6.

FOR ALL RETURNS please contact our Customer Care team:-

On 0844 879 4166 between 8am and 6pm Monday to Friday.  Calls cost 5p per minute from a BT landline. Mobile and other service providers rates may vary. 
Email: customercare@notcutts.co.uk

13.  Returning Plants

Please don’t panic if a plant looks different to the image on the Website. It is likely to be in perfect condition for the time of year and just ‘resting’ before it bursts into action in the coming season.
Plants do look very different throughout the year.  Particularly in winter, many shrubs will look rather bare and stick-like and perennial plants may not even be showing through the soil.

 
All our plants are delivered straight from the nursery in carefully designed packaging to protect the plants as much as possible.  If you receive a plant in poor condition for some reason please contact us straight away, within 7 days. We may ask you to send a photo of the plant so that we can confirm the cause of the problem. 
If there is an issue with damage or poor quality we will happily exchange the item and arrange collection by courier.

 
Finally, if once planted, a Notcutts plant fails, you may be covered by our 5 year Guarantee (please see below). We will ask you to send a photo so we can diagnose the problem and confirm that the issue is not lack of plant care. If we do replace a plant please note that you will be charged for delivery of the replacement.
 

THE NOTCUTTS GUARANTEE

At Notcutts we pride ourselves on the quality of our plants.  We therefore guarantee all hardy plants for FIVE YEARS.
A hardy plant is one that will withstand a notmal winter outside.  This therefore excludes bedding plants and houseplants.
If a hardy plant fails to thrive given all proper care, we will replace it free of charge or give you a credit note.
We will require you to provide proof of purchase and the plant label.
Extreme climatic conditions may invalidate this guarantee as even the most robust  plants can suffer in these circumstances.

 
14.  Privacy And Security

Notcutts take your privacy very seriously.  Subject to the terms of our Privacy Policy and these Terms and Conditions, we will never give out your email address or contact details to any third party as we think that is a total intrusion.

When you place an order with us, we do have to ask for certain details to be able to make a Contract for the sale and delivery of the Products.  In addition to your name, address, credit card number and expiry date, we’ll also ask you for a telephone number in case of any problems regarding delivery.   You can rest assured that our Website is fully secure and uses all the most up to date ‘secure server software’ which keeps the information you give us safe.

You will also be asked if you want to receive ‘special offers and news updates’ from us. If you don't want to, it’s no problem, just tick the 'unsubscribe' box when registering for an online account with us.  You are able to opt out at any time by following the “opt out” procedure detailed at the bottom of each email sent to you. 

Please click here to read our Privacy Policy which sets out how any information held by us about you may be processed or dealt with.  By proceeding to place your order you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy.

15.  Disclaimer

While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the Products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.

The material on the 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 the 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 this legal notice, might have effect in relation to the Website.

16.  Intellectual Property rights

16.1.       You are permitted to print and download extracts from the Website for your own use on the following basis.  You must not:
16.1.1.             modify any documents or related graphics on the Website in any way;
16.1.2.  modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
16.2.       Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
16.3.       Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors.  Any use of extracts from the Website other than in accordance with section 16.1 above for any purpose is prohibited. If you breach any of the terms of this section, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
16.4.       Subject to section 16.1 above, no part of the 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.
16.5.       Any rights not expressly granted in these terms are reserved.
16.6.       We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.
16.7.       You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
16.8.       If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

17.  Changes to our website

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material – please see section 15 above.

18.  Our Liability

18.1.         We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 
18.2.       Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
18.3.       This does not include or limit in any way our liability:
18.3.1.             For death or personal injury caused by our negligence;
18.3.2.                  Under section 2(3) of the Consumer Protection Act 1987;
18.3.3.                  For fraud or fraudulent misrepresentation; or
18.3.4.                  For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
18.4.       We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the Contract between us, including but not limited to:
18.4.1.                  loss of income or revenue
18.4.2.                  loss of business
18.4.3.                  loss of profits or contracts
18.4.4.                  loss of anticipated savings
18.4.5.                  loss of data, or
18.4.6.                  waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this section 18 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of section 18.1 or section 18.2 or any other claims for direct financial loss that are not excluded by any of sections 18.4.1  to 18.4.6 inclusive of this section 18.4.
18.5.       Where you buy any Product from a third party seller through our Website, the seller's individual liability will be set out in the seller's terms and conditions.

19.  Online Promotions and Discount Vouchers

Online promotion vouchers and discount codes will be accepted for redemption against the purchase price of a product ordered via our Website only (excluding any products purchased from a third party’s website via a link to their website from our Website), subject always to the terms and conditions noted here and against any specific promotion/discount voucher.  Promotion vouchers and discount codes will not be accepted against (but not limited to), delivery charges, Sage membership joining fees, Sage membership renewal fees, gift vouchers, concession or franchise branded Products or in conjunction with any other offers etc. Unless stated, promotion codes can be used in conjuction with Sage membership discounts. 

Notcutts' promotions and discounts are offered at Notcutts' discretion and can be recalled at any time. We reserve the right to amend or withdraw our promotions without prior notice. Vouchers cannot be applied to past orders made with Notcutts and cannot be backdated or redeemed for cash.

Notcutts may from time to time run different customer offers or vouchers, with different terms (including amounts, types and expiry dates). Notcutts reserves the right to limit the applicability of any particular offer to specific regions or delivery areas. Different offers and vouchers may be run simultaneously.

Notcutts' promotions and discounts are offered at Notcutts' discretion and can be recalled at any time. We reserve the right to amend or withdraw our promotions without prior notice. Vouchers cannot be applied to past orders made with Notcutts and cannot be backdated or redeemed for cash.

Notcutts may run different customer offers or vouchers, with different terms (including amounts, types and expiry dates). Notcutts reserves the right to limit the applicability of any particular offer to specific regions or delivery areas. Different offers and vouchers may be run simultaneously. Notcutts reserves the right to restrict the use of conjunctional offers, codes or vouchers.

32.  Fraud Prevention

To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By placing an order (and thus accepting these terms and conditions) you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.