Terms & conditions
Definitions and interpretation
In these terms the following words have the following meanings.
The contract for the sale and purchase of the Goods
The range of plants and garden products (including any instalment of the goods or any parts for them) which are available for purchase from our web site in accordance with the terms
The Web Site
Our presence on the World Wide Web, currently accessible via the address
The Seller, we, or us
Damhead Nursery Ltd
Basis of sale
An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our Web Site. We will confirm acceptance of your order by email, fax or phone.
By purchasing goods from us you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this web site.
We aim to give you a clear idea of the nature of the plants we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour between different specimens.
Illustrations, descriptions other information as to particular plants are approximate and for guidance only.
We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations.
Details of the order
The quantity and description of the Goods will be those set out in your order (if accepted by us).
Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or debit card is authorised for the transaction.
The Goods which can be ordered via our Web Site are only available for delivery to you if you are based in the UK.
Telephone orders not confirmed in writing will be fulfilled at our discretion and the delivery of such orders will constitute acceptance of our conditions of sale.
All items are offered subject to crop and availability at the time of ordering. Substitutions will be made, with the customer’s consent, if certain plants are unavailable.
Price of the goods
If the price of the Goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will of course have the option of cancelling the order.
Our charges for transport and packaging will be advised to you and if acceptable will be included in the total price for the Goods.
We will charge your credit/debit card for payment upon despatch of order. We accept no liability if a delivery is delayed because you did not give us the right payment details. Payments received by cheque need to be received by us seven working days before dispatch of goods.
If it is not possible to obtain full payment for the Goods from your account on despatch of the Goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.
We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
We will aim to deliver within the quoted time frame but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended.
Large Goods – You are responsible for all off-loading of large goods. Appropriate equipment and operators must be available on receipt of delivery for off-loading all heavy/bulky material.
Risk and ownership
Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.
You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full.
Deliveries should be examined on receipt and problems notified within seven days and confirmed in writing. Any compensation shall not exceed the invoice price of the goods in question. Please contact us for any other issues.
The availability, price and colour of plants we sell to you may vary according to seasonal and market availability. We will endeavour to confirm these details when we confirm your order for the plants or prior to delivery. If there have been any material variations, you will have the option of cancelling your order.
Every effort is made to supply plants true to variety, free from pests and disease and alive at the time of dispatch. We will not accept any liability for loss or damage after the title has passed to the customer.
These terms and conditions do not affect your statutory rights as a consumer.
We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the Web Site up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the website are generally accurate but variations in colour, shape and size must be expected.
The content of the Web Site is directed solely at those who access the site from addresses within the UK.
Matters out of our control
We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.
We reserve the right to make changes to this Web Site and these terms at any time.
April 14th 2009