These terms and conditions form the basis on which you can visit us and our ebay store. Please read them carefully as they contain important information.
GENERAL TERMS AND CONDITIONS
This store is operated by Beckfield Nurseries of High Street, Brant Broughton, Lincoln LN5 0QX. You can contact us at enquiries@beckfieldnurseries.com, 07958 189650 or 01400 273012.
1 The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2 Accuracy of content
We have taken care in the preparation of the content of these listings, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on our ebay store. Any weights, dimensions and capacities given about the goods are approximate only.
3 Availability
We try to give accurate stock information when you place your order, but as the majority of our stock is living plant material there are occasions beyond our control when items listed have become unavailable. If the Goods you have ordered are not available from stock, we will contact you by e-mail. You will have the option either to wait until the item is available from stock or to cancel your order.
4 Delivery
4.1 Our delivery charges are detailed on the individual listing. Please read the Post and Packaging page on our ebay store for more details.
4.2 It is not be possible for us to deliver to countries outside the European Union.
4.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
4.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
5 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. Goods supplied are not for resale.
6 Acknowledgement and acceptance of your order
We will notify you by e-mail as soon as possible to confirm receipt of your order. An acceptance of your order will take place on dispatch of the good(s) ordered.
7 Cancellation rights
7.1 Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
7.2 You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
7.3 If you have received the goods before you cancel your contract then [unless, under clause 7.2, for which you do not have a right to cancel] you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
7.4 Once you have notified us that you are cancelling your contract, any sum debited to us will be re-credited to that account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
7.5 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
8 Cancellation by us
8.1 We reserve the right to cancel the contract between us if:
8.1.1 we have insufficient stock to deliver the goods you have ordered;
8.1.2 we do not deliver to your area; or
8.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
8.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from you as soon as possible but in any event within 30 days of your order.
9 Liability
9.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).
If you notify a problem to us under this condition, our only obligation will be, at your option:
9.1.1 to make good any shortage or non-delivery;
9.1.2 to replace or repair any goods that are damaged or defective; or
9.1.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
9.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract
9.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
9.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
10 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Beckfield Nurseries, High Street, Brant Broughton, Lincoln LN5 0QX.
11 Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
12 Law, jurisdiction and language
This ebay store, any content contained therein and any contract brought into being as a result of usage of this ebay store are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
13 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
14 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
PRIVACY STATEMENT
We, Beckfield Nurseries are committed to protecting the privacy of anyone using our ebay store and the confidentiality of any information that you provide us with.
Data Protection Act 1988
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Security
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
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