Website - Terms & Conditions
In these terms, the following words have the following meanings.
Contract - The contract for the sale and purchase of the Goods;
Goods - The range of plants and garden products which are available for purchase from the website in accordance with the terms and conditions
The Website – www.tendercare.co.uk
The Seller, we, or us - Tendercare Nurseries Ltd, Southlands Road, Denham, Uxbridge, Middlesex, UB9 4HD. VAT: 442563848, Company Registration: 02325757
All Content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Tendercare Nurseries Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable the United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Tendercare Nurseries Ltd
By purchasing goods from Tendercare Nurseries Ltd you are entering 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 website.
- Description of Products listed on the website
We endeavour to give you a clear idea of the nature of the plants for sale online. However, inevitably there may be slight variations in size, shape, and colour between different specimens. Illustrations, descriptions, and any other information as to particular plants are approximate and for guidance only. At any time, Tendercare Nurseries Ltd may vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations.
All prices include VAT, in the event, you have placed an order and the price displayed on the website has been incorrectly listed we will inform you within 2 working days and ask you to confirm by e-mail that the corrected price is acceptable. If it is not acceptable then you may cancel the order.
We accept major debit/credit cards and direct bank payment. Cheques are only accepted by prior arrangement. All goods must be paid for in full before the delivery date. Goods remain the property of Tendercare Nurseries Ltd until paid for in full
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.
- Your order and cancellations
Orders are processed within 5 working days, you may cancel your order within these 5 working days, thereafter you should allow up to a further 5 working days for any refunds to be processed. All cancellations must be made via email we cannot accept verbal cancellations by phone.
30% Cancellation fee, for cancelled orders after 5 working days and up to your delivery date - There is a cost to preparing your order, the cost is made up of a member of our horticulturist team going out on to the nursery, quality checking and tagging your product placing it in a ‘sold’ state, thereafter your item (s) will be removed from our irrigation system and transferred to the despatch area where it will be continued to be carefully looked after up until its readied to be loaded on to one of our delivery trucks. For this reason, any order cancelled after 5 working days up to your delivery date will be subject to a ‘return to bed charge’ of 30% of the total order. All cancellations must be made via email we cannot accept verbal cancellations by phone.
Non – Plant items
You may cancel your order at any time up to the despatch date, thereafter please refer to section 7 of these Terms and Conditions. You should allow up to a further 5 working days for any refunds to be processed. All cancellations must be made via email we cannot accept verbal cancellations by phone.
- Changing your order
You may change the quantity or choice of items within 5 working days of placing the order, if the amended total amount of your order is less than the original purchase amount, you should allow up to 5 working days for any refunds of the difference to be processed. All changes must be made via email.
If you change the quantity or choice of items after 5 working days, we reserve the right to make a charge of 30% per item that has to be returned to bed. All changes must be made via email we cannot accept verbal changes by phone.
Non – Plant items
You may change the quantity or choice of items at any time up to the despatch date, if the total amount of your order is less than the original purchase amount, you should allow up to 5 working days for any refunds to be processed. All changes must be made via email.
- Delivery Day
We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate including any specific instructions or directions to your address.
We will aim to deliver within the quoted time but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will immediately contact you by email or phone to advise you that the delivery will be re-scheduled.
Taking delivery of your goods
You must make sure your or someone you pre-authorise is available to take delivery of the items. All items must be checked carefully and once you are satisfied as to the condition quantity and quality of the items, the driver will transfer the care and ultimately ownership of the items to you or the person you have pre-authorised to take delivery.
- Returns and Refunds
Our Plants are living organisms and as such, they are perishable and therefore excluded under the consumer contracts regulations. Plants cannot be rejected or returned after a delivery has been completed.
The company still aims to make sure all our customers are satisfied, if you have a problem with your plant's order please contact us by email within 1 working day of having taken delivery. We will require a photograph of the item (s) and a statement of the problem, we will then make every effort to assist you. Any remedial action including refunds, partial refunds or credit notes will be done at the sole discretion of the company.
Non – Plant items
Non-plant items can be returned up to the 14th day after delivery, you will be responsible for the cost and safe postage or transportation of returning the items, the items must be returned in their original product packaging. Deductions will be made from any refunds if the value of the goods has been reduced as a result of poor packaging, handling and transportation or if the items are no longer in the original selling condition.
Tendercare Nurseries Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
Whilst Tendercare Nurseries Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
- Changes to the Service and these Terms and Conditions
Tendercare Nurseries Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Tendercare Nurseries Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- Availability of the Website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Tendercare Nurseries Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
To the maximum extent permitted by law, Tendercare Nurseries Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
Tendercare Nurseries Ltd excludes liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Tendercare Nurseries Ltd
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Tendercare Nurseries Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link at the bottom of any email communiques review Tendercare Nurseries Ltd
- Law and Jurisdiction
These Terms and Conditions and the relationship between you and Tendercare Nurseries Ltd shall be governed by and construed in accordance with the Law of England and Wales and Tendercare Nurseries Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.