Cedar Nursery is the trading name of the partnership of T.J. Sharples & C.M.M. Sharples, herein referred to as Cedar Nursery.
The Customer as described herein is the person, company or organisation purchasing goods or services from Cedar Nursery. Any order placed by the Customer whether in person, by telephone, by mail or online (ecommerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive, they are given to define and protect the due rights of both the Customer and Cedar Nursery.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
In this document we distinguish between Plants (including shrubs and trees) and Goods, everything else.
When you, the Customer place an order with us Cedar Nursery we do business under the following terms: -
1. OUR CONTRACT WITH YOU
1.1. Our acceptance of an order will take place either by confirmation in writing or when we provide the Customer with a product, at which point a contract will come into existence between Cedar Nursery and the Customer.
1.2. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
2. RETENTION OF TITLE/OWNERSHIP
2.1. Legal ownership of any goods supplied shall remain vested to Cedar Nursery, until such time that full payment of order/invoice monies has been received from ‘The Customer.
2.2. Should the Customer obtain goods without making full payment, unless otherwise agreed, the Customer accepts that Cedar Nursery retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the Customer grants Cedar Nursery unrestricted access to reclaim the goods. The saleable condition of the goods prior to any reclaim is the sole responsibility of the Customer.
3.1. All pricing as shown upon Cedar Nursery literature and web site are shown in (£) Pounds Sterling.
3.2. Pricing shown upon Cedar Nursery literature and the web site are shown as either inclusive or exclusive of the current prevailing rate of Value Added Tax (VAT) and will be stated as such. Cedar Nursery VAT number is GB493647014
3.3. All pricing as shown upon any branded literature provided, i.e. manufacturer brochures, is provided for information only and does not form part of a sale.
3.4. Plants and Goods will normally be priced presuming collection from The Nursery. Free local delivery is available for purchases over £100. The local area is defined as postcodes KT……..
3.5. For specific Goods, or on specific occasions free nationwide delivery maybe offered. This is restricted to mainland Great Britain and Northern Ireland. Prices for other destinations will be advised on request.
3.6. Where delivery is charged it will be the cost price to Cedar Nursery. Goods will be supplied on a non-returnable pallet or by parcel carrier, at the discretion of Cedar Nursery.
3.7. The Customer must advise Cedar Nursery on placement of order of any access restrictions likely to constrain the type or size of delivery vehicle. Please also see 5.8-5.10 below
3.8. Cedar Nursery pricing is reviewed on a regular basis, revisions will be applied at any time for changes in material and manufacturer price rises or offers or promotions or promotional discounts.
3.9. Prices stated on quotations issued by Cedar Nursery are valid for 28 days from the date shown on the quotation.
4.1. Cedar Nursery standard payment terms are full payment with order, unless credit terms or staged payments have been agreed. Bespoke and Made to Order items always require payment on order.
4.2. Payments are only accepted in (£) Pounds Sterling. Payments are only accepted by the following means; BACS (electronic banking), Visa, MasterCard, Visa Delta and Electron cards, or cash up to £1000. For customers wishing to make payment by credit card over the telephone for sums above £200 the registered card & delivery address must be the same or may be subjected to further security checks.
4.3. Unless otherwise agreed, goods shall not be released until clearance of funds into Cedar Nursery bank account.
4.4. Where credit terms apply, having been agreed in writing by Cedar Nursery, invoices must be paid in full by the Customer within the agreed credit term.
4.5. Cedar Nursery reserves the right to charge interest at a rate of five percent above the National Westminster Bank base rate from the date that the invoice is due for payment until the date on which such payments are actually received by Cedar Nursery. In the case of any default in payment the Customer shall give Cedar Nursery every assistance in the repossession of the goods in respect of which payment has not been made. Where Cedar Nursery requires the service of a debt collector all additional costs will be charged to the customer, this would be an added surcharge, minimum of 15%
4.6. Cedar Nursery reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of an order.
5.1. Cedar Nursery shall aim to fulfil all orders at the earliest opportunity however, any time scales stated by Cedar Nursery will be an estimate only.
5.2. Delivery periods are provided in working days (i.e. - 20 working days = 4 weeks), to account for the incidence of public holidays and that transport couriers typically operate weekdays only.
5.3. Deliveries are made weekdays only, typically during the hours of 8.30am to 5.00pm, however this can vary depending on the delivery method. Cedar Nursery will endeavour to give approximate delivery dates and times; however, these can only be used as an estimate and Cedar Nursery can take no responsibility for failure of delivery during appraised times.
5.4. The party delivering on behalf of Cedar Nursery when requested shall be instructed to contact the Customer to advise a delivery date near the term of their order. This notice may vary dependant on the delivery method.
5.5. Product delivery shall be to kerbside or driveway only. It is at the discretion of the carrier or delivery driver, should they decide to transit the goods to an alternative point on the property of the Customer.
5.6. Cedar Nursery cannot be held responsible for delay in delivery caused by; (a) the manufacturing process, or (b) third party such as a contracted carrier.
5.7. Should the delivery period extend beyond (whichever is longer) that published or agreed or 30 days after the date of order (as section 19 of the Distance Selling Regulations) the Customer can cancel their order without penalty unless the product is a bespoke or made to order item.
5.8. It is the responsibility of the Customer to notify any access concerns to Cedar Nursery at point of order. Particular attention should be paid to gate/door and passageway widths.
5.9. It is the responsibility of the Customer’ to provide free and unobstructed access for product delivery to the desired location of the item purchased. Any failed, abortive or return delivery charges shall be recovered from the Customer at cost. Please also see 3.7
5.10. It is the responsibility of the customer to ensure suitable safe access is available.
5.11. In the interests of Health & Safety for Cedar Nursery employees or contractors, on delivery of bulky or heavy products shall not be; (a) lifted over walls, fences etc, and (b) transited to other floors other than highway level.
5.12. All delivered goods must be signed for (POD) by the Customer or their appointed representative, at which point responsibility and risk of the goods (not title if unpaid) shall pass to the Customer.
5.13. If the Customer cannot be in attendance on delivery, prior authority and acceptance of responsibility to leave the unattended product must be sent to email@example.com;
5.14. Cedar Nursery will not bear any abortive costs arising from the Customer due to a failed delivery.
5.15. Should a ‘premium delivery service’ fail to occur on the expected date Cedar Nursery, where Cedar Nursery are at fault shall reimburse the cost of the ‘premium delivery charge’. Reimbursement will be limited to the ‘premium delivery service’ fee paid by the customer
at the time of ordering.
5.16. It is the duty of the Customer to make themselves available to be contacted prior to delivery. Should Cedar Nursery or its chosen agent be unable to contact the Customer the delivery of the order may be adversely affected.
5.17. Cedar Nursery is not liable for delivery delays or failures caused by factors outside of Cedar Nursery control including “Acts of Nature”, adverse weather conditions, road accidents, vehicle breakdown or personal illness.
6. CHANGES TO ORDERS
6.1. If the Customer makes a change to the product ordered they must contact Cedar Nursery who decide if the change is possible. If it is possible Cedar Nursery will contact the Customer to confirm whether they wish to go ahead with the change and price implications. If Cedar Nursery cannot make the change or the consequences of making the change are unacceptable to the Customer, the Customer may want to end the contract. This may not be possible for bespoke or made to order Goods.
6.2. Cedar Nursery reserve the right to make changes in line with relevant laws and regulatory requirements. If there are any changes to the product, Cedar Nursery will notify the Customer who may then contact Cedar Nursery to end the contract before the changes take effect and receive a refund for any significant products paid for but not received.
7.1. It is the responsibility of the Customer to thoroughly inspect the goods at the time of delivery and only sign for the delivery if goods are delivered in good condition. Deliveries must be signed for as DAMAGED by the Customer if appropriate and only goods that are signed for as DAMAGED on a POD can be claimed for. Signing unchecked will with the exception below negate any future claim.
7.2. Shortage or damage should be reported within 24 hours with detail, either in writing to Cedar Nursery address, by email to firstname.lastname@example.org or by telephone on 01932 862473.
8. RETURN (CANCELLATION)
8.1. All Goods are newly manufactured for sale or to order, as described upon Cedar Nursery literature and web site.
8.2. A return or cancellation of supply only goods can be instructed up to 14 working days after the date of delivery, subject to the restriction in 8.3 below. It is at the sole discretion of Cedar Nursery to accept returns after this date.
8.3. the Customer has no right to cancel at any time should their order include a personalised requirement e.g. optional fixtures, adaptations, bespoke preferences or products made to order.
8.4. A return or cancellation should be made in a durable means as defined by part 10 of the Distance Selling Regulations being; either in writing to Cedar Nursery address, by email to email@example.com;
8.5. It is the responsibility of the Customer to meet all product return costs, either by their own arrangement or at the direct cost levied to Cedar Nursery. Stated, to comply with section 7, part 2aii of the Distance Selling Regulations.
8.6. It is the responsibility of the Customer to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of Cedar Nursery.
8.7. All return costs sought by Cedar Nursery shall be deducted from the order monies held, thus any refund to the Customer shall be passed less this return charge.
8.8. Return costs are not fixed and are based upon variables such as product and location. Typical return costs begin at £45 for a pallet.
8.9. Where the Customer instructs Cedar Nursery to undertake a collection and return, Cedar Nursery shall notify the Customer of the return charge in writing (by email) prior to undertaking the process.
8.10. Cedar Nursery will not profit from any return charges received from the Customer. A return charge will always equate to the cost Cedar Nursery expended
8.11. Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined in 8.6 to 8.12, shall be made in a period not exceeding 30 days, as Section 13, part 3 of the Distance Selling Regulations.
8.12. Statute states that a product should be returned in its original condition, thus fit for re- sale as new.
8.13. There may be a re-stocking charge applied if goods are returned outside of the period stated in the Distance Selling regulations, section 13, part 3.
8.14. On placement of a website (ecommerce) order, you will receive an automated response including order confirmation and electronic invoice. Cedar Nursery reserve the right to cancel an order of any item prior to the delivery of the item.
9. QUALITY ASSURANCE
9.1. If any of the goods we supply fail to perform satisfactorily due to faulty materials or workmanship, please contact us and we will work with you to deal with the problem. This would normally involve a repair, providing a replacement product or giving you a full or partial refund. Your rights, defined in the Consumer Rights Act 2015, are not affected by these terms. The images of the products on the Cedar Nursery website and any printed material are for illustrative purposes only. Although Cedar Nursery have made every effort to display the colours accurately, they cannot guarantee that a device’s display or print reproduction of the colours accurately reflects the colour of the products. The product may vary slightly from those images.
9.2. The packaging of the product may vary from that shown in images on the website.
10. LEGAL RESPONSIBILITY
Nothing in these terms of business should affect your legal rights or limit our legal responsibility, or any other liability which we cannot limit or exclude by law. (This includes our legal responsibility under section 2(3) of the Consumer Protection Act 1987.) We will not compensate for delivery delays or failures that are outside our control, unless you have asked us for a premium delivery option. We will not be legally responsible to you for any losses which both we and you could not expect at the time you bought the goods. If you are a trade customer, we will not be legally responsible to you for any business losses
These terms of business will be governed by English law. Any disputes will be dealt with by the English Courts.
12. PERSONAL INFORMATION/PRIVACY
Please see our Privacy/GDPR policy found on our website.
13.1. To contact Cedar Nursery please use the following details:
Telephone: 01932 862473 Email: firstname.lastname@example.org
Address: Cedar Nursery, Horsley Road, Cobham KT11 3JX
13.2. When the word writing or written is used in these terms, it is intended to include emails and postal correspondence. If Cedar Nursery have to contact the Customer, they will do so by telephone or by writing at the email address or postal address provided to them in correspondence or when placing an order.
V3 March 2019