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 web site.
In these terms the following words have the following meanings.
Contract
the contract for the sale and purchase of the 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, Northern Ireland and the Channel Isles.
Goods
the range of plants and garden products (including any instalment 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.gardenonaroll.com
The Seller, we, or us
www.gardenonaroll.com is a trading name for ‘gardenonaroll’, The Dutch Nursery, Bell Bar,
Hatfield, Herts, AL9 6ND, Tel. 01707 372296
Basis of the sale
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 in the order page.
We aim to give you a clear idea of the nature of the plants we sell. However, you appreciate
that there are inevitably slight variations in size, shape and colour between different
specimens. Illustrations, descriptions and other information as to particular plants are
approximate and for guidance only. We may in our sole discretion from time to time vary the
selection of the Goods due to seasonality giving a similar impression.
The quantity, quality and description of the Goods will be those set out in your order. Orders
are accepted at our sole discretion but are normally accepted if the Goods are available, the
order reflects current pricing and if your credit or account card is authorised for the
transaction.
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 cancelling the order. Our
charges for transport, packaging and insurance are detailed on the order page and will be
included in the total price for the Goods.
We will charge your credit card account for payment upon receipt of order unless delivery
cannot be fulfilled within the agreed period. 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.
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. We will
aim to deliver within the quoted time frame 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.
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.
If any damage is caused while in transit you will not be responsible and we will give you a
fresh order or a refund. You will only own the Goods once they have been successfully
delivered and when we have received cleared payment in full.
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 six month guarantee. If the plant should die of natural causes up to six
months after they have been delivered, we will replace it free of charge. (Subject to our
aftercare instructions) We further undertake that they will be in good condition at the time of
delivery and will be of the type ordered, or if that type is not available we will let you know by
e mail and, if possible, suggest a suitable alternative which 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.
The availability, price and colour of plants we sell to you may vary according to seasonal and
market availability. We will endeavour to confirm these details when we confirm your order
for the plants or prior to delivery. If there have been any material variations, you will have the
option of cancelling your order.
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 a reasonable time, you will be entitled to choose either a
refund of the price of the Goods or replacement Goods free of charge.
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.
These terms and conditions do not affect your statutory rights as a consumer.
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.
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.
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.
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 is protected as such. All
rights reserved.
None of this material may be used without our written permission.
All names, logos, slogans, or other phrases may be a trade mark of ours or another person
or corporation. Any unauthorised use of a trade mark is unlawful.
We reserve the right to make changes to this Web Site and these terms at any time.
If you wish to complain about any aspect of our service, please email us at
enquiries@gardenonaroll.com or phone 01707 372296
These terms will be governed by English law and any disputes will be resolved exclusively