Terms and Conditions
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 under-priced a product, we will not be liable to supply that product to you at the stated price, provided we notify you before the item is dispatched. 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 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.
2. Basis of 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 email 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 buy a product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the “Dispatch Confirmation”).
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 to you may vary according to the season or 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/refund your order, or offer a suitable alternative.
4. Offers and Promotions
Occasionally we run offers, promotions and sales online. These are subject to the following terms:
1. 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 notified by email and given a refund for the item.
2. All offers exclude delivery charges.
3. Offer end dates apply.
4. Offers are available online only. Offers cannot be used in conjunction with any other offer/voucher or discount. Where applicable to claim an online discount enter the promotion code at the checkout. Our general terms and conditions apply.
5. Offers are at the sole discretion of Petersham Nurseries and are subject to variation or withdrawal without notice. Offers or promotions cannot be applied to previously placed orders
5. Events at Petersham Nurseries
For full terms and conditions regarding booking or cancelling a place on a Petersham Nurseries event, please refer to the Website event listing. Workshops are booked via a reputable third-party – Eventbrite. We have a no refund policy for our workshops.
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.
7. Limitation of Liability
The total liability of Petersham Nurseries 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.
8. 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.
Every effort is made to ensure that advertised stock information is up-to-date. Unfortunately, if an item does become out of stock or there is a delay from a supplier, contact will be made as soon as possible with a new expected delivery date or to provide a refund.
9. The Sale of Alcohol
By placing an order with the Cellar on our Website you are confirming that you are 18 or older. It is illegal for us to sell alcohol to anyone under the age of 18.
When you enter your credit or debit card details on our Website you are confirming that you are either the card holder, or that you have permission from the card holder to use the card for the purpose of ordering alcohol.
If you are interested in using Petersham Nurseries as a venue for a photoshoot, please contact email@example.com for Richmond, or firstname.lastname@example.org for Covent Garden. Professional photoshoots for weddings, commercial use, product promotion, etc. are not permitted without the explicit consent of Petersham Nurseries. Personal photography is permitted (for strictly non-commercial purposes), however please do be mindful of our other customers around you.
Petersham Nurseries 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, booking a table through us or Open Table or a workshop via Eventbrite 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 UK 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 do 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.
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.
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 The Bureau for Visual Affairs (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.
13. Email Policy
If you have 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 does not send emails to people with whom it has had no previous contact. The following conditions can result in Petersham Nurseries sending you email:
· You created an account on the Petersham Nurseries Website
· You purchased one or more items from Petersham Nurseries either in store or online
· 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
· You attended a workshop at Petersham Nurseries, booking directly or through Eventbrite
· You dined in one of our restaurants, booking through Open Table or directly through Petersham Nurseries
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.
14. Service Availability and Accessing Our Site
www.petershamnurseries.com is a site operated by Petersham UK. We are registered in England and Wales under company number 738272 and with our registered office and main trading address at: Petersham Nurseries, Floral Court, London, WC2E 9FB
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.
15. 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 expressed 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 Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
16. 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.
17. Links To and From 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.
18. Viruses, Hacking and 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.
19. 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 email 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.
20. Entire Agreement and 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 terms 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 systems’ 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 three 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 for Richmond and email@example.com for Covent Garden.