Bee Leaf Privilege Club

The legal bits...Terms and Conditions

Everything you need to know about shopping with us online

We are pleased to offer our customers quality products and friendly service. We hope you enjoy shopping with us. Whether you’re browsing or looking for something in particular, we have worked hard to make your online experience pleasurable.


Before ordering with us you may wish to read through our terms and conditions. Here you will find all the information you need regarding your purchase with us. From delivery charges to cancelling orders, we’ve made sure all the information you need can be found easily. We know Terms and Conditions aren't very exciting (in fact they're pretty boring!) but to keep our legal eagles happy, our full T&Cs can be explored below.


If you have any questions you can call us on 0344 879 4166 or email us at customercare@notcutts.co.uk.


Dotted Line

When you make a purchase of any of our Products (as defined below) on our website www.notcutts.co.uk you enter into a legally binding agreement with Notcutts Limited on these Terms and Conditions of purchase (the "Terms"). 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 carefully before ordering any Products from our Website (as defined below). You should understand that by ordering any of our Products, you agree to be bound by these Terms.


Please click in the button marked "I Accept" at the end of these Terms to confirm that you have read these Terms and are over the age of 18. If you refuse to accept these Terms, you will not be able to order any Products (as defined below) from our Website.


You should print a copy of these Terms or save them to your computer for future reference. Please understand that if you refuse to accept these Terms, you should not order any Products from our Website.


We amend these Terms from time to time as set out in sections 24 and 34 below. Every time you wish to order Products (as defined below), please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in April 2013.


These Terms and any Contract (as defined below) between us, are only in the English language.


20% off Christmas Trees

Valid Tuesday 1st November - Saturday 24th December 2016. Present your voucher at the till with a valid Privilege Club card or enter your promo code at the till online. Your Privilege discount will be increased from 10% to 20% on your tree purchase. Voucher and promo code cannot be used in conjunction with the 20% Christmas Shopping event on the 10th - 13th November 2016. As a member you will automatically receive 20% discount on any tree purchased during this event. Photocopied vouchers will not be accepted. Offer subject to availability while stocks last. Can not be used in conjunction with any other promotion or offer.


20% Privilege Event

Your Privilege Club membership will be automatically increased at the till instore and at checkout online


1. Definitions and interpretation

1.1 In these Terms, the following words will have the following meanings:-


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


“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;


"Force Majeure Event" has the meaning given in Section 29.1;


"Notcutts Guarantee" means the 5 year guarantee as set out in Section 17 for certain Products;


“Order Confirmation” has the meaning given in section 7.3 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;


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


“Terms” means these terms and conditions of sale and purchase as amended from time to time;


"Warranty" has the meaning given in Section 18.1;


“Website” means www.notcutts.co.uk or such other website of Notcuttsfrom time to time;


“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

2.1 www.notcutts.co.uk is a website 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.


2.2 To contact us, please see our 'Get in touch' page.


3. Our products

3.1 The images of the Products on our Website are for illustrative and guidance purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.


3.2 We reserve the right from time to time to vary the nature of the Products advertised. Without notice to you provided these variations do not materially alter the Products sold.


3.3 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are estimates only and are subject to reasonable variation.


3.4 The packaging of the Products may vary from that shown on images on our Website.


3.5 All Products shown on our Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.


4. Use of our website

Your use of our Website is governed by these Terms. Please take the time to read these carefully, as they include important terms which apply to you.


5. How we use your personal information

We only use your personal information in accordance with our Privacy Policy and sections 21 and 36of these Terms. For details, please see our Privacy Policy and sections 21 and 36 below. Please take the time to read our Privacy Policy and sections 21 and 36 as they include important terms which apply to you.


6. Your status

6.1 If you are a consumer, you may only purchase Products from our Website if you are at least 18 years old.


6.2 Anyone ordering Products from our website will be deemed to be at least 18 years old.


6.3 Certain Products on our Website can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our Website.


6.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.


6.5 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any document referred to in them.


6.6 By placing an order through our Website, you warrant that:


6.6.1 you are legally capable of entering into binding contracts;


6.6.2 you have authority to bind any business on whose behalf you use our Website to purchase Products.


6.6.3 you are at least 18 years old;


6.6.4 you are resident in the United Kingdom.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; and


6.6.5 you are accessing our Website 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 12 below for further information.

7. How the contract is formed between you and us

7.1 For more information on placing an order on our Website, please see our New Website Help page.


7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.


7.3 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.


7.4 The Contract will relate only to those Products within an order which 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.


7.5 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.


8. Our status

8.1 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.


8.2 We may also provide links on our Website 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 Website, or from companies to whose website we have provided a link on our Website, 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.


9. Consumer rights

9.1 If you are contracting as a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) and may cancel a Contract at any time within 14 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 15 below).


9.2 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.


9.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation and are also available from your local Citizen's Advice Bureau or Trading Standards office. This provision does not affect your statutory rights.


9.4 Refunds of all cancelled Contracts in accordance with this section will be made within 30 days of notification to us of the cancelled Contract, to the original payment card you used to make your payment.


9.5 The cancellation right under this section does not apply in the case of:


9.5.1 any made-to-measure or custom-made Products;


9.5.2 newspapers, periodicals or magazines;


9.5.3 perishable goods, such as food, drink or fresh flowers;


9.5.4 software, DVDs or CDs which have a security seal which you have opened or unsealed.


9.6 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this section or these Terms. Advice about your legal rights is available from your local Citizen's Advice Bureau or Trading standards office.


10. Risk and title

10.1 The Products will be at your risk from the time of delivery.


10.2 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.


11. Price and payment

11.1 The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.


11.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.


11.3 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.


11.4 Our Website 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.


11.5 We are under no obligation to provide a 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.


11.6 Payment for all Products must be by credit or debit card. We accept payment with MasterCard, Visa, Solo, Electron and Visa Debit.


11.7 We will charge your credit or debit card upon dispatch of our 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.


11.8 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.


11.9 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.


12. Delivery

12.1 We are sorry that we cannot 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 0344 879 4166 before ordering to ensure we can deliver to your area. Calls are charged at local rates from a BT landline. Mobile and other service providers rates may vary.


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


12.3 For full details of delivery charges and delivery times to our Delivery Areas please see our Delivery Guide and section 13 below.


12.4 Delivery will be completed when we deliver the Products to the address you provide us with in your order.


13. Delivery charges

13.1 We have tried to keep our delivery prices fair and simple.


13.2 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.


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


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


13.5 Large and heavy items may take up to 14 Working Days to arrive.


13.6 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; Standard Delivery is £4.99 for orders under £75. Orders over £75 are free. N.B All delivery prices are inclusive of VAT unless otherwise stated.

 


13.7 Standard delivery is the same price regardless of how many items you buy.


13.8 You will be able to check the total delivery charge in your basket before you check out.


13.9 We recommend that you provide us with a safe delivery address at which to leave a delivery – perhaps a neighbour, a shed etc. This is particularly relevant with live plants. Our aim is to avoid plants being returned to the depot and spending longer than they need to in a cardboard box.


13.10 Free delivery is offered at Notcutts' discretion and can be recalled at any time. Details on the current rates can be found on our delivery page. A full calculation of charges can also be seen at anytime in your shopping basket. We reserve the right to amend our delivery charges without prior notice.


14. Cancelling an order

If you wish to cancel an accepted order please email us as soon as possible at customercare@notcutts.co.uk quoting us your order number. If the accepted order has not already been dispatched we should be able to stop it for you. If the accepted order has been dispatched you will unfortunately have to go through the returns process set out in section 15 below.


15. Our returns & refunds policy

15.1 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:-


15.1.1 if an item is damaged, faulty or not what you ordered, please contact us within 14 Working Days to let us know. It can then be returned to us within 30 Working Days of notification provided the Product has been unused, is returned in the same condition in which you received it, including being in 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.


15.1.2 if there is a problem with a Product that has a manufacturer’s warranty or guarantee, please contact them directly.


15.1.3 if you wish to return or exchange an item where we are not at fault, please contact us within 14 Working Days of delivery and the item can be returned to us within 30 Working Days of the date of notification, 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.


15.1.4 when you return a Product to us for any other reason (for instance, because you have notified us in accordance with section 34 below that you do not agree to any change in these Terms 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 date 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.


15.1.5 we will usually refund any money using the same method originally used by you to pay for your purchase.


15.1.6 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 9.

 

15.2 FOR ALL RETURNS please contact our Customer Care team:- 15.2.1 on 0344 879 4166 between 8am and 6pm Monday to Friday. Calls are charged at local rates from a BT landline. Mobile and other service providers rates may vary;or


15.2.2 by mail at customercare@notcutts.co.uk.


16. Returning plants

16.1 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.


16.2 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.


16.3 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 14 Working Days of the date of delivery. We may ask you to send a photo of the plant so that we can confirm the cause of the problem.


16.4 If there is an issue with damage or poor quality we will happily exchange the item and arrange collection by courier.


16.5 Finally, if once planted, a Notcutts plant fails, you may be covered by our 5 year NotcuttsGuarantee (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.


17. The Notcutts Guarantee

17.1 At Notcutts we pride ourselves on the quality of our plants. We therefore guarantee all hardy plants for FIVE YEARS from the date of purchase.


17.2 A hardy plant is one that will withstand a normal winter outside. This therefore excludes bedding plants and house plants.


17.3 If a hardy plant fails to thrive given all proper care, we will replace it free of charge or give you a credit note.


17.4 We will require you to provide proof of purchase and the plant label.


17.5 Extreme climatic conditions may invalidate this guarantee as even the most robust plants can suffer in these circumstances.


17.6 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Product.


17.7 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizen's Advice Bureau or Trading Standards office.


17.8 Notwithstanding the terms set out in this section 17, all Products sold by Notcutts are subject to the Notcutts 30 day money back guarantee as set out in section 15.1 above.


18. Warranty

18.1 Our liability for losses you suffer as a result of us breaking this Contract 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 Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.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 If you are a consumer, this Warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.


19. Liability for business customers only

19.1 This section 19 only applies if you are a business customer.


19.2 We only supply Products for internal use by your business, and you agree not to use any Products for any re-sale purposes.


19.3 Nothing in these Terms limits or excludes our liability for:


19.3.1 death or personal injury caused by our negligence;


19.3.2 fraud or fraudulent misrepresentation;


19.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or


19.3.4 defective products under the Consumer Protection Act 1987.


19.4 Subject to section 19.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:


19.4.1 any loss of profits, sales, business, or revenue;


19.4.2 loss or corruption of data, information or software;


19.4.3 loss of business opportunity;


19.4.4 loss of anticipated savings;


19.4.5 loss of goodwill; or


19.4.6 any indirect or consequential loss.


19.4.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.


19.5 Subject to Section 19.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products under that Contract.


19.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.


19.7 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.


20. Our liability if you are a consumer

20.1 This section 20 only applies if you are a consumer.


20.2 If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.


20.3 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


20.4 We do not in any way exclude or limit our liability for:


20.4.1 a death or personal injury caused by our negligence;


20.4.2 fraud or fraudulent misrepresentation;


20.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);


20.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and


20.4.5 defective products under the Consumer Protection Act 1987.


20.5 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.


21. Privacy And security

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


21.2 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.


21.3 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.


21.4 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.


22. Disclaimer

22.1 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.


22.2 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.


23. Intellectual property rights

23.1 You are permitted to print and download extracts from the Website for your own use on the following basis. You must not:


23.1.1 modify any documents or related graphics on the Website in any way;


23.1.2 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.


23.2 Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.


23.3 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 23.1 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.


23.4 Subject to section 23.1 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.


23.5 Any rights not expressly granted in these terms are reserved.


23.6 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.


23.7 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.


23.8 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.


24. 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 22 above.


25. Online promotions and discount vouchers

25.1 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 these Terms and against any specific promotion/discount voucher. Promotion vouchers and discount codes will not be accepted against (but not limited to), delivery charges, Privilege Club membership joining fees, Privilege Club 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 conjunction with Privilege Club membership discounts. Please note, Privilege Club discounts are applied last, after any other special offers or savings.


25.2 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.


25.3 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.


25.4 The 'Garden Ideas', leaflet and email advertised 'Spend and Save' codes (spend £40 online, get £10 off) can be used up until the 31st May 2013. Multiple spend and save codes cannot be used in conjunction. Unless otherwise stated, spend and save codes can be used in conjunction with Privilege Club discounts. Please note, Privilege Club discounts are applied last, after any other special offers or savings. Notcutts' promotions and discounts are offered at Notcutts' discretion and can be recalled at any time. See 25.2 above.


26. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 


27. Notices

All notices given by you to us must be given to Notcutts Limited at The Nursery, Cumberland Street, Woodbridge, Suffolk, IP12 4AF. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in section 26 above . Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


28. Transfer of rights and obligations

28.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.


28.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.


28.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.


29. Events outside our control

29.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").


29.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:


29.2.1 strikes, lock-outs or other industrial action;


29.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;


29.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;


29.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;


29.2.5 impossibility of the use of public or private telecommunications networks;


29.2.6 the acts, decrees, legislation, regulations or restrictions of any government.


29.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.


30. Waiver

30.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.


30.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.


30.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 27 above.


31. Third party rights

This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of the Warranty, but we and you will not need their consent to cancel or make any changes to these Terms.


32. Severability

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.


33. Entire agreement

33.1 These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.


33.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.


33.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.


34. Our right to vary these Terms

34.1 We have the right to revise and amend these Terms from time to time to reflect changes, including but not limited to, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.


34.2 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within 14 Working Days of receipt by you of the Products).


35. Instore promotions and discount vouchers

35.1 From time to time, Notcutts offers promotional vouchers for redemption against purchases made in our Garden Centres. Notcutts' promotional vouchers are always subject to the Terms 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, Privilege Club membership joining fees, Privilege Club 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 conjunction with Privilege Club membership discounts.


35.2 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.


35.3 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.


36. 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) 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.


37. Law and jurisdiction

Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.


38. Electrical & electronic equipment recycling

You can now recycle your old electricals with us.


If you are buying a new electrical item from us, we will recycle your old one for free.


39. We can help

We are pleased to offer our customers the chance to recycle their old electrical items.


As a distributor of electrical and electronic products we offer a free of charge take-back service at all of our Garden Centres when you purchase a similar product. Simply return your old item to one of our Garden Centres within 28 days of buying your new Product.


Please bring your new receipt with you.


To remind you that old electrical equipment can be recycled, it is now marked with a crossed-out wheeled bin symbol.


Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin.


What is WEEE?

The Waste Electrical or Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items. In the UK, distributors (including retailers) must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. Establishing their own take-back scheme must as a minimum offer all customers buying new electrical equipment free take back of their old electricals on a like-for-like basis.


Find out more information on WEEE recycling, and locate your local recycling centre at www.recycle-more.co.uk.


40. Battery Recycling

In 2009, new regulations on the recycling of batteries and accumulators (rechargeable batteries) were introduced.


The Batteries Regulations aim to significantly increase UK collection and recycling of used portable batteries from the current rate of about 3% to 25% by 2012, rising to at least 45% in 2016.


As a distributor of batteries we run an in-store take back scheme, for recycling old batteries free of charge. This runs at all of our Garden Centres.


There is no obligation to buy new batteries when bringing back an old battery.


Most supermarkets and shops that sell batteries will have collection bins for used batteries, and some town halls, libraries or schools may also set up collection points.


End-users may find stores in their local area more accessible.


Find out more information on WEEE recycling, and locate your local recycling centre at www.recycle-more.co.uk/batteries.


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