BASIS OF SALE
OFFERS & PROMOTIONS
EVENTS AT PETERSHAM NURSERIES
LIMITATION OF LIABILITY
SERVICE AVAILABILITY & ACCESSING OUR SITE
INTELLECTUAL PROPERTY RIGHTS
RELIANCE ON INFORMATION POSTED
LINKS TO AND FROM OUR SITE
VIRUSES, HACKING & OTHER OFFENCES
ENTIRE AGREEMENT & OUR RIGHT TO VARY THESE TERMS
WHERE DO WE DELIVER TO?
We currently only offer delivery to UK mainland addresses on our website and postage is calculated on this basis. All prices include VAT for both UK and EU customers.
For orders outside UK mainland please contact us for a postage quote: firstname.lastname@example.org
Royal Mail 2nd Class - If your items are in stock, we aim to despatch orders within 2-3 working days
Royal Mail 1st Class - If your items are in stock, we aim to despatch orders within 1 working day
Tracked Courier (Next Working Day) - If you place your order before 2.00pm Monday to Thursday, you will receive it by 5.30pm the following day. If you place your order after 2.00pm on a Thursday, or Friday to Sunday, it will be delivered on Tuesday. Please note we do not deliver on Bank Holidays so your order will be delivered 2 working days later.
We endeavour to make sure our advertised stock information is correct at the time of order. However, if items do become out of stock, we will contact you as soon as possible with a new expected delivery date or a refund. In rare cases where an item may be delayed from our suppliers, we will contact you to let you know. You should allow for a longer delivery time during understandably busy periods, such as Christmas.
Sometimes we may find it necessary to split your order into multiple deliveries (e.g. if you order items that will be despatched at different times). Please check the delivery note included in your parcel for details of any outstanding items. If you still find an item is missing, please contact us as soon as possible. We will only charge you for P&P once per order, even if we split your order into multiple deliveries.
ITEMS LISTED AS CURRENTLY UNAVAILABLE
If a product is listed as Currently Unavailable, this means you are unable to purchase that item at the present time. It may mean we are out of stock and the item is being re-ordered, or it may mean we have sold out of the pre-ordered item.
We currently do not offer delivery outside UK Mainland on our website.
If you would like to enquire about international delivery please contact us at email@example.com.
Should we agree to ship a product outside UK Mainland, it should be noted that for international orders, delivery costs do not include duty and custom charges, you may (but not necessarily) be required to pay additional domestic sales taxes on receipt of delivery. Additional charges for customs clearance must be accepted by the recipient. We have no control over these charges and they are a reflection of the customs and policies held by the final destination country, this has no relation to Petersham Nurseries Ltd. Policies for customs vary from country to country: you may want to contact your local customs office for further information prior to ordering. In the event that you wish to return your item Petersham Nurseries Ltd is unable to refund import duty and local sales taxes.
IMPORTANT DELIVERY INFORMATION
Our charges for delivery are calculated based on the weight of the goods ordered. The delivery charge will be shown at the checkout, prior to you committing to the order.
We will deliver the goods to the address you specify for delivery on your order. Please make sure this address is accurate, and you are careful to select the appropriate address for shipping and billing. We cannot accept any liability for loss or damage to the goods once they have been delivered in accordance with your delivery instructions.
We 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 has changed.
RETURNS, REFUNDS & EXCHANGES
We hope that you are happy with your order from us. However, we understand that you may occasionally wish to return an item/order if you change your mind, if you find an item is not as you expect, or if an item is faulty.
Please examine your item/s and inform us of any problems as soon as you receive your delivery, as returns must be processed within 14 days of receiving your order.
The procedure for returning an item to us depends on the circumstances. Please read the details carefully below, or contact us if you are unsure.
HOW TO RETURN
1. Send an email to firstname.lastname@example.org quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement.
2. Once you have confirmed the return with a member of our team, print a copy of your email correspondence and enclose with your package, ensuring it clearly states your name, order number and reason for return.
3. Ensure all item(s) are in a resaleable condition and in the original packaging.
4. Affix the correct postage and return to: Petersham Nurseries, Church Lane, off Petersham Road, Richmond, Surrey, TW10 7AB. Please note the item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods, and obtain a certificate of posting.
5. Once your returned item(s) have arrived at Petersham Nurseries and been verified by our team, we will process the refund. You will be notified either by phone or email informing you that your item(s) have been received safely and that we are processing your refund. Please allow up to 10 working days for monies being refunded to show up on your bank statement.
IMPORTANT RETURNS INFORMATION
Petersham Nurseries will not accept returns for items returned outside of the 14 days return period, or items that have been used/ damaged or where the original packaging has been removed (unless the item is faulty). Our decision will always be final with regard to the condition of the items if we have reasonable grounds to believe they have been used.
We regret that we are only able to refund postage charges if you have been sent incorrect, faulty or damaged goods. In all other cases the recipient will be responsible for the cost of returning any items.
Petersham Nurseries is not responsible for any returns lost or damaged in the post, buyers are advised to use a signed delivery service when returning goods. Considerations should be taken as returning goods may take up to 7 working days to arrive with us, unless sent via special delivery, so please ensure you allow enough time for any return.
Petersham Nurseries Ltd thoroughly checks all items for any defects before dispatch, but as an extra precaution we advise that customers check goods on receipt and before removing any packaging. Once the product is fully unpackaged/ used, we will not accept any returns unless the item is faulty.
If your order has been sent to a destination within the EU, all sales taxes will be refunded. For orders outside the EU, customs duties and sales taxes incurred by the purchaser are non-refundable.
The procedure for returning live products can vary depending on the type, season, condition, size, quantity and reason. If you wish to return seedlings, bulbs etc, please contact our team within 14 days of receiving your order, to discuss the best course of action.
2. BASIS OF THE SALE
By placing an order through petershamnurseries.com, you warrant that you are legally capable of entering into binding contracts.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Dispatch Confirmation”).
Payment for all products must be by credit or debit card. We accept payment with Visa, Mastercard, American Express, JCB, Diners Club/Discover or Maestro.
If the price of goods changes between the date we accept your order and the delivery date, you will pay the price you paid during your original transaction.
If, by mistake, we have underpriced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we despatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.
All prices are quoted in UK pound sterling (£) and therefore you are subject to currency value or conversion rates. Petersham Nurseries Ltd is not responsible for any changes in currency value or conversion rates that your bank or credit card company may use when charging in your country’s currency.
We aim to provide high quality products to our customers. Accordingly we warrant that where the goods are products that are not already covered by a manufacturer’s guarantee, they will meet our specification and will be free from defects at the time of delivery. If the goods arrive with you in an unacceptable state, please contact our team to highlight the problem, and we will replace or refund your goods as suitable.
The availability of seeds or bulbs that we sell you may vary according to the season and market availability. We will alert you if there has been a change in your order of live items, and give you the option to cancel and refund your order, or offer you a suitable alternative.
5. OFFERS & PROMOTIONS
Occasionally we run offers, promotions and sales online and are subject to the following terms.
All offers are subject to availability. Sale items are limited stock and although a product may show as in stock we may occasionally be unable to fulfil the order, due to increased demand. If we are unable to fulfil an order, you will be sent an email notifying you of this and given a refund for the item.
All offers exclude delivery charges.
Offer end dates apply.
Offers are available online only. Offers cannot be used in conjunction with any other offer/voucher or discounts. To claim the discount online enter the promotion code at the checkout. Our general terms and conditions apply.
Offers are at the sole discretion of Petersham Nurseries Ltd and are subject to variation or withdrawal without notice. Offers or promotions cannot be applied to previously placed orders.
6. EVENTS AT PETERSHAM NURSERIES
For full terms and conditions about booking or cancelling a place on a Petersham Nurseries event, please refer to the website event listing.
We work with a reputable third party payment gateway, Sage Pay. Sage Pay use digital signatures and strong encryption to ensure that all sensitive information is protected throughout every transaction.
8. LIMITATION OF LIABILITY
The total liability of Petersham Nurseries Ltd for any claim, howsoever arising, shall not exceed the price of the goods supplied by us to the customer.
If you have a valid claim based on the poor condition or quality of your goods and you return them within a reasonable time, you are entitled to choose between a refund or replacement where possible.
These terms and conditions do not affect your statutory rights as a consumer.
We endeavour to keep the website up-to-date, but retain the right to update product information without notice.
Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time.
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 non-exclusive jurisdiction of the courts of England and Wales.
Petersham Nurseries Ltd is committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
Our systems collect address and buying information at the point of order so that we may process your order and provide you with the best possible service.
If you provide us with your email address via links on our website or at the point of ordering, we will add this to our marketing database to send you future news and offers about Petersham Nurseries. If you indicate at any point that you would prefer not to receive email marketing from us (by checking/unchecking the relevant box) we will not use your email address in this way and will only use it to communicate information regarding your order(s).
We will always give you the option to receive no further marketing information from us if you later change your mind. You can update your preferences using the Unsubscribe link at the bottom of each email or, if you have registered for an online account, by logging in at petershamnurseries.com. If at any point you do update your preferences regarding communications from us or third parties, we will update your account promptly.
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies, we will delete or correct it promptly. The personal information that we hold will be held securely in accordance with our internal security policy and United Kingdom law. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
Please note that we have the ability to retain any data that you provide on this website, even if you go not complete your registration/transaction by clicking submit/next. Such contact details and data may be used to contact you to enquire why you did not complete your registration/transaction. If you have any questions about this, please contact us.
We occasionally make names available to our sister companies who may also have products that would be of interest. If you would prefer us not do this, or have any requests relating to your personal information, please contact us email@example.com.
We may at times use other companies to perform specific functions on our behalf, such as the delivery of parcels. When we disclose information to these service providers, it is purely to help them perform their service. For example, we may pass on your address details to our courier to enable them to send you your products. Or, in the case of credit card payment, our payment provider Sage Pay will take your information in order to process payment for your items (please see our security information for more details). We may also have to provide law enforcement officers with your details in the case of investigations, as we are required by law.
Cookies are small pieces of information that are stored on your computer when you visit some websites. They do not harm your computer – instead they are used to analyse the way you use the internet, and can personalise websites to suit your preferences. The cookies we use are Google Analytics (in which all user data is anonymous) and Matter of Form (our affiliate system, which allows us to credit the website that brought you to petershamnurseries.com).
If you click on a link in an email from us or around our site, we may set a cookie on your browser. If you visit our website as a result of clicking on a link, we are thus able to understand how you interact with the pages of our website through the combination of the cookie and pixels set on the pages of our website. This enables us to understand what interested you in our emails and what did not, and what interests you about our website and what does not. We can then try to send you more interesting information in the future.
If you do not wish this to happen, you can change the cookie settings in your browser (however you will then be unable to use our website for shopping purposes).
Please note that this information is for our use only – we do not disclose or share this information with any third parties.
Our website and emails may contain links to other websites of interest. However, once you have used these links to leave our website, we do not have control over that website. Therefore we cannot be responsible for the protection and privacy of your information whilst visiting such sites. Please exercise caution and read through their privacy statement in order to understand whether and how they will process data about your visit to their site.
We also use Youtube, Facebook, Twitter, Flickr, Pinterest, LinkedIn, Instagram, Google+ and WordPress. We cannot prevent these sites from collection information on your usage of this embedded content. If you are not logged in to these services, they may still gather anonymous information regarding your usage.
10. EMAIL POLICY
If you received a marketing email from Petersham Nurseries and do not wish to receive any more, you may use the Unsubscribe link at the bottom of that email. If you have registered for an online account at petershamnurseries.com, you may also modify your profile to unsubscribe from the newsletter mailing list by clicking on My Account. Alternatively, please send an email to the team via firstname.lastname@example.org
Petersham Nurseries Ltd does not send email to people with whom it has had no previous contact. The following conditions can result in the Petersham Nurseries website sending you email:
- You created an account at the Petersham Nurseries website
- You purchased one or more items from Petersham Nurseries Ltd
- You subscribed to the Petersham Nurseries newsletter mailing list (either in person at Petersham Nurseries or via the website)
- Someone that you know visited the Petersham Nurseries website and used the 'email this page to a friend' function.
- You placed items in your basket but did not complete the order.
If you received email from Petersham Nurseries and you feel that none of the above conditions have been met, you may send an email to register a complaint: email@example.com
We take reports of spam abuse seriously and we will work with you to find a solution to a problem. In rare cases, spammers find new ways to exploit vulnerabilities within websites to force them to send spam. If you suspect that this has happened, we would appreciate it if you would notify us using the email address above. We are constantly working to improve the security of the Petersham Nurseries website in order to prevent our customers from getting spammed and to reduce the amount of spam on the internet at large.
11. SERVICE AVAILABILITY & ACCESSING OUR SITE
www.petershamnurseries.com is a site operated by Petersham Nurseries Limited. We are registered in England and Wales under company number 738272 and with our registered office and main trading address at: Petersham Nurseries, Church Lane, Off Petersham Road, Richmond, Surrey, TW10 7AB, United Kingdom
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period. You will remain liable for any orders for the products that you have made and/or charges you have incurred prior to the withdrawal of the service on our Website.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
12. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights including but not limited to trademarks, copyright and related rights, patents, rights in design, trade names, domain names in our site, and in the material published on it (Content). The Content is protected by laws, rights and treaties around the world. All such rights are reserved. Nothing contained in this agreement purports to confer upon you a licence or a right to use the Content and/or display the Content on your PC or other electronic access device for your own personal, commercial and/or non-commercial use, without obtaining a licence to do so from us or our licensors. You are prohibited from reproducing, retransmitting, distributing, selling, publishing, broadcasting or communicating or otherwise making available to anyone for any purpose any of the Content obtained through our Website or through other means unless expressly permitted by us. Where you have obtained our express permission, our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
If you print off, copy or download any party of our Website in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitors to our Website, or by anyone who may be informed of any of its contents.
14. LINKS FROM & TO OUR SITE
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
At the same time, you are prohibited from creating and/or maintaining any link to our home page and/or any page on this website without our prior written agreement.
15. VIRUSES, HACKING & OTHER OFFENCES
You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a disturbed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or any website linked to it.
16. 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.
17. ENTIRE AGREEMENT & OUR RIGHT TO VARY THESE TERMS
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.
We have the right to revise and amend these Term from time to time to reflect 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.
You will be subject to the policies and terms and conditions 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 Dispatch 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 seven working days of receipt by you of the products).
If you wish to complain about any aspect of our service, please email us at firstname.lastname@example.org