Ashridge Trees Terms & Conditions of Sale ("Terms")
Introduction
Whilst it is our responsibility to supply you with goods that meet your consumer rights, it is important to understand that for the purposes of these terms and conditions, the plants you buy are goods liable to deteriorate or expire rapidly if you do not treat them correctly. So please unpack your parcel(s) on receipt and check the contents. Then, if you are unhappy about ANY aspect of your order, Contact Us within five working days.
Never plant something you are unhappy about; let us solve the problem there and then, as we cannot accept returns once a plant has been planted for various legal and plant hygiene reasons.
If you have ordered incorrectly and it is not our fault, we can arrange (but you are liable for the cost of) collection. Plants are perishable and must be returned within five working days, and other goods can be returned unopened and unused within 30 days of delivery. If we deliver incorrectly, we replace or refund at our cost.
You can place your order at any time of the year to reserve your plants. This helps ensure you get what you want before it sells out. We do not charge your card until your order is ready to be packed. Cancelling an order under these Terms is easy using the Contact Us page.
Standard Terms & Conditions of Sale
These terms and conditions of sale ("Terms") apply to all contracts with our customers. They prevail over and specifically exclude all other contractual terms unless expressly agreed by us in advance and in writing. Our Sales Order Confirmation is the governing document for all orders. We email one of these to all customers upon receipt of an order and on receipt of any subsequent variation or amendment. Please check your Sales Order Confirmation, as we will deliver in accordance with it.
1: Guarantee & Liability Terms & Conditions
1.1 You can read the full terms of our guarantee here, which form part of these Terms and Conditions. Subject to these, we will refund the cost of plants covered by our guarantee that fail when planted on the British mainland or the Isle of Wight by you.
1.2 If you are unhappy with your purchase, please refuse delivery if you are present when the delivery is made. Or, if you cannot inspect your delivery until later, Contact Us before the product(s) "sell-by date", and we will instruct you on care and repacking while we arrange collection from you. Under these terms, all plants are regarded as being perishable. As such, their "sell-by date" for returns is five working days after they were delivered to you. Products that are not alive have a "sell-by date" 30 days after delivery to you.
1.3 When you plant, you express your satisfaction with the plants you bought. You also recognise they are perishable and that we have no control over the conditions in which you keep them, the ground in which they are planted, how they are planted, or the way in which you tend your plants afterwards. Their health is your sole responsibility from the date of delivery.
1.4 Nevertheless, we will refund the cost (or replace, at our discretion) any plants that die and that are covered by our guarantee, the terms of which may be found here.
1.5 Our liability, however arising and including liability for negligence as well as all liability under the express and implied terms of the contract with you, is restricted to the replacement or refund of the goods sold and delivered. We will not be liable for any other direct or indirect loss suffered by you, including for loss of profits or other economic loss, even if we are made aware before the time of your order of any circumstances that might give rise to such loss. This paragraph does not exclude or limit our liability for death or personal injury caused by our negligence or for fraud.
1.6 Our site and our staff give advice to the best of their ability. It is freely given and should be treated as such. Ashridge Trees Limited accepts no liability for any claim that may be made as a result of following such advice. In particular, plants can be toxic or produce allergic reactions. Some plants may be poisonous to humans but not to some animals or vice versa. It is the customer's sole responsibility to ensure that the plants they buy from us are suitable for the purpose for which they are being used.
2: Delivery Terms and Conditions
2.1 We deliver to mainland Britain and the Isle of Wight. We do not deliver to any other offshore destination. More detail is contained in our Delivery FAQs which form part of these terms
2.2 We will leave safely without a signature unless specifically instructed, in writing, to the contrary.
2.3 All confirmations show the date of the Monday of the planned week of delivery but we do not promise to deliver on any given day of the week, and we may deliver a couple of days early. Please note that delivery dates are weather-dependent.
2.4 Risk in the goods sold passes to you on delivery, whether or not a signature of receipt has been obtained.
2.5 We do ask for your understanding when it comes to delivery dates. Plants are living organisms that perish unless treated appropriately. If conditions are unsuitable for lifting (or planting), we reserve the right to delay delivery until they are. If this happens, it can affect several hundred orders, so you will be notified of any delay by email.
2.6 If your order includes plants that require planting in different seasons, and we deem it necessary to split your order into separate deliveries, you will be notified accordingly. In the event of split deliveries, a second delivery charge may apply. The amount of this charge will be communicated to you prior to despatch.
2.7. Please notify us of any issues regarding deliveries within five working days of receipt by you using the Contact Us page
3: Availability, Price and VAT
3.1 Your order is accepted, subject to availability. VAT is included in all our prices in our catalogue and website. We send you a sales order confirmation and deliver in accordance with that document. Please check this carefully, as we cannot be held responsible for any errors in your order. Until your order is delivered, the VAT chargeable will be amended if there is a corresponding change in the applicable rate(s) of VAT.
4. Substitution and sizing
4.1 If a plant variety or size is unavailable, it will be replaced with a suitable substitute variety or the next size up (when available) without a price increase. Please let us know at the time of order if substitutions are unacceptable. Sizes listed on the website are only indicative; plant growth can vary widely between one year and the next. Therefore, please tell us in writing when ordering if oversized plants are not acceptable.
5. Payment and title
5.1 Valid payment details are required on placing your order, although payment is not taken until we are ready to despatch your order. To allow this to happen, partial card details are stored by our payment processor (who is Level 1 PCI compliant). Without this, Ashridge cannot take payment at the time of despatch of your order. These details do not include your CV2 number or any Secure payment password data, and they are insufficient to allow any third party to charge your card. These partial details are retained for the duration of the guarantee referred to in Paragraph 1 of these Terms.
5.2 A contract is formed between us when we take payment from your card, which usually happens immediately before despatch. This contract is based upon the most recent - if there is more than one - sales order confirmation sent by us in response to your placing your order and these terms and conditions. Where payment remains outstanding, for whatever reason, the title remains with Ashridge Trees Limited until it has been received.
6. Gift Vouchers and Discount Codes
6.1 Gift Vouchers may be used to pay for anything available on our site at www.ashridgetrees.co.uk
6.2 Discount codes may be used to pay for anything that forms part of the Discount Code offer. For example, 10% Off All Roses does not apply to Fruit Trees. When a Discount Code generally applies to anything available on our site, it may not be used for items on special offer (which are always clearly designated as such). For example, a Discount Code that offers 10% Off All Orders over £100 will only apply if the order is over £100, excluding the value of any products that are on Special Offer.
6.3 Gift Vouchers are valid for three years from the date of purchase.
6.4 The life of a Discount Code will be stated on the Discount Code.
7. Privacy & Data Protection
7.1 Information We Collect & How We Use It
In summary, when you place an order or use any online form on our website, respond to a survey, or enter a competition or promotion, we need to know your name and other information such as your postal address, email address, telephone number and your credit card number and expiry date or bank account details etc. (which are your personal data).
By submitting this information, you consent to our use of the information in accordance with our Privacy Policy, as amended from time to time. We gather this information to allow us to process your request/order. The relevant information is then used by us, our agents and sub-contractors to provide you with the products or services you have requested and to communicate with you on any matter relating to their provision in general.
We may also use aggregate information and statistics to monitor website usage to help us develop our website and service. We may provide such aggregated information to third parties. These statistics will not include information that can be used to identify any individual.
We may also wish to provide you with information about particular features of our website or any special product offers that may be relevant to you. If you would rather not receive this information, please amend your preferences using the link at the foot of every marketing email we send.
We only provide relevant parts of your information to third parties for the purpose of fulfilling your order (for example, your name, address and phone to the courier delivering it).
If, at any time, you wish to have your information removed from our active databases, please use the Contact Us page. We will ensure that information we do not require to retain by law is deleted within four weeks of receipt.
8. Form of Cancellation
If you wish to cancel your order, please do so using the Contact Us page
9. Contact Details
If something goes wrong with your order or if you need any other advice, we are here to help every day, even if it is just to take a message.
However, any formal communication concerning these terms and conditions must be made by a signed for mail service to our registered office at:
Ashridge Trees Limited, Grove Cross Barn, Grove Cross, Castle Cary, Somerset BA7 7NJ
Or by using the Contact Us page
Legal information you may require includes
- We are registered in England, and our Company number is 04877186
- VAT Registration: GB821334463
- Plant Passport: 14161