By purchasing goods or services from Waterperry Gardens Ltd (reg. in England no. 2233285) you are entering into a legally binding agreement with us under the following terms. You should therefore have read and understood these terms and conditions, as they may affect your rights and liabilities.

We reserve the right to remove, modify or change without notice any information on this Website from time to time. We may also change these Terms and Conditions at any time by posting notice of the changes on the Website. If you use the Website after any changes have been made you will be bound by the new Conditions. You should therefore ensure that you read the Conditions each time you use the Website. If you do not agree to any changes to the Conditions then you must immediately stop using the Website.

Definitions and Interpretation

In these terms the following words are defined as follows;

Contract -The contract for the sale and purchase of goods

Delivery Area - Only addresses within the United Kingdom but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland,north of Inverness, Northern Ireland and the Channel Isles.

Goods - the range of plants, garden and horticultural products, beverages, courses, vouchers, other goods, or services (including any installments of the goods or any parts for them), which are available for purchase from our web site in accordance with the terms;

the Web Site - our presence on the World Wide Web, currently accessible via the address www.waterperrygardens.co.uk

the Seller, we, or us - Waterperry Gardens Ltd (company number 2233285) Our registered office is at Waterperry Gardens, Waterperry, Wheatley, Oxfordshire, OX33 1JZ

User, you – any user of this website.

1. Basis of the sale

1.1. An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our Web Site. The description of the Goods, the price, VAT and delivery costs are set out on the order page. We will accept your order on-screen and then confirm this via e-mail.

1.2. Our descriptions and photographs are aimed at giving you a clear idea of the nature of the goods we are selling. However, you will appreciate that there may be variations in size, shape and colour between different specimens. Illustrations, descriptions and other information referring to particular items are therefore given for your guidance only. We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations.

2. Details of the order

2.1. The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).

2.2. Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects the current pricing, your address is within our Delivery Area and your credit or debit card is authorised for the transaction.

2.3. All goods available for purchase on our web site are only available for delivery to you at the costs quoted if you are based within our delivery area. Delivery outside these areas may be possible but costs would need to be agreed prior to acceptance of the order, please contact us to arrange this.

3. Price of the Goods

3.1. If the price of the Goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will of course have the option of canceling the order.

3.2. Our charges for delivery within the delivery area are quoted on the order page and are automatically added to the price of the Goods purchased to give the total amount due.

4. Payment terms

4.1. We will take credit card payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. In such cases card payments will be taken up to 7 days before dispatch. We accept no liability if delivery is delayed due to incorrect payment details.

4.2. If it is not possible to obtain full payment for the Goods from your account, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.

4.3. 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.

5. Delivery

5.1. We will deliver the Goods to the address that 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.

5.2. We will aim to deliver within 2 working days 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.

6. Risk and ownership

6.1. 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 the Goods.

6.2. 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.

7. Returns/Options to cancel

Please read our Returns and Cancellation Policy

8. Warranties

8.1. We aim to provide high quality plants and products to our customers. Accordingly, we warrant that where the Goods are products and not already covered by a manufacturer's guarantee, they will meet their specification and will be free from defects in materials and workmanship at the time of delivery. Where the Goods are hardy plants, we warrant that they are covered by a one-year guarantee. If the plant should die of natural causes up to one year after they have been delivered, we will replace it free of charge. We further undertake that they will be in good condition at the time of delivery.

8.2. Plants will be of the type ordered. If that type is not available we will let you know by e-mail and, if possible, suggest a suitable alternative that is available. If you do not want the alternative suggested, you will be entitled to order another plant or cancel your order, as you wish.

9. Liability

9.1. If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Goods within 7days, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.

9.2. We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer. We shall, however, be liable for losses that you suffer as a result of our breach of contract and that could have been contemplated by both you and us at the time the contract is concluded.

9.3. These terms and conditions do not affect your statutory rights as a consumer.

9.4. We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the Web Site up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the Web Site are generally accurate but variations in colour, shape and size must be expected.

9.5. The content of the Web Site is directed solely at those who access the site from addresses within the Delivery Area.

We assume no responsibility for the contents of any other web sites to which this Web Site has links.

10. Matters out of our control
We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.

11. Copyright

11.1. All of the written, photographic, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and are protected as such. All rights reserved.

11.2. None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.

11.3. All names, logos, slogans, or other phrases may be a trademark of ours or another person or corporation. Any unauthorised use of a trademark is unlawful.

12. Privacy

12.1. Please read our privacy policy, which explains how we will not pass on your details to any third party.

13. Changes

13.1. We reserve the right to make changes to this Web Site and these terms at any time.

14. Complaints

14.1. If you wish to complain about any aspect of our service, please email us at customerservices@waterperrygardens.co.uk

15. General

15.1. E-mails sent to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and tell us of any changes to it.

15.2. If either you or we fail to enforce a right under these terms, that failure will not stop you or us from enforcing the other rights, or the same type of right on a later occasion.

15.3. To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

15.4. The headings in these terms are for convenience only and will not affect their interpretation.

16. Governing law and jurisdiction

English law will govern these terms and exclusively the English Courts will resolve any disputes.

Returns and Cancellation Policy

Waterperry Gardens only provides top quality products and we hope that all goods and services sold to you will meet with your approval. If however you are dissatisfied with anything that you receive from us, for any reason, we would ask you to contact us immediately, normally within 24hours, in order to discuss the problem.

Contact Details

01844 339254 between 9am and 5pm Monday - Friday

or customerservices@waterperrygardens.co.uk

or write to:

Customer Services Department
Waterperry Gardens Ltd
Waterperry
Wheatley
Oxfordshire
OX33 1JZ

Incorrect Goods

If you receive goods from us that you did not order and they are not approved substitutes, please contact Waterperry immediately. We will ask you return the items to us within 7 days, in an unused condition and in their original packaging. We will then arrange to refund the costs of the goods and any incurred postage costs to your credit or debt card on receipt of the items.

Damaged Plants

If you receive from us any plant in an unacceptable condition, please contact us immediately, normally within 24 hours. We will ask you return the items to us within 7 days. We may also ask you to take a picture of the plant, so we can see its condition when it arrived with you, rather than when it gets back to us. If the packaging was damaged we may ask you to also return this to us. We will then arrange a replacement or refund as you request to include any costs incurred by you.

However do please bear in mind the nature of the plant you are buying, deciduous shrubs will look bare and twiggy and herbaceous perennials may have nothing to see above ground in the winter.

Guarantee

All our hardy plants; shrubs, herbaceous perennials, alpines, herbs etc. are covered by a one-year guarantee. If any of your Waterperry plants die from natural causes during this time please contact our customer service department. We will require a picture of your plant and your order number. We will then arrange replacement or refund as appropriate. This guarantee does not cover plants that have died from neglect or because the cultural instructions sent with your order have not been followed.

Damaged or Defective Goods

If any goods sold by Waterperry Gardens Ltd are defective or in any way unfit for purpose, or damaged in transit prior to delivery, please contact us immediately, within 24hours. Then return the items to us, in their original packaging, within 7 days. We will then organise replacement or refund as requested.

Cancellation Policy

You may cancel your order with us at any time prior to dispatch, please e-mail your notification to us.

If you do not wish to keep any of your purchases from Waterperry Gardens, you may return them to us within 7 days, in an unused condition, in their original packaging and we will provide a refund. In such cases, where there is no defect or damage to the goods, we are not able to refund your postage costs. If the goods are not returned to us in a resalable condition we also reserve the right to withhold a proportion of the costs.