Terms & Conditions

These are the terms and conditions for this website.

8th June 2006

The website Seagravenurseries.co.uk is operated by Seagrave Nurseries Limited referred to as Seagrave Nurseries Limited /we/our/us'). As a user of this website (referred to as 'you/your') you acknowledge that any use of this website by you including any transactions you make ('use/using') is subject to our terms and conditions below.

By using this website you confirm that you are at least 18 years old or if you are not at least 18 years old, that you have the authority/consent of your parent or guardian to do so.

Please make sure you:

Read through these terms and conditions carefully before using this website as your use of the website will signify your agreement to be bound by them.

Print a copy for future reference.

1.		General
1.1		We reserve the right to change these terms and conditions at any time. Any such changes will take effect from when they are posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2		If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website

2.		Cookies
		To ensure that items are placed in to your Shopping Bag and orders are processed correctly, you will need to have your cookies enabled. This will also allow you to register your details with our site. Cookies are small pieces of information that are stored by your browser on your computer hard drive. We also use cookies for the following reasons: To identify you as you travel around our site. To provide site usage information, which together with purchase information, will further help us improve and develop the products and service which we offer. No recognisable personal information is stored in the cookies that can link it back to an individual.

3.		Delivery
3.1		This website is for delivery of products to customers World Wide.
3.2		We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated timescales. We always try to delivery within 28 days, and will always try to contact you to notify you if this is not possible.
3.3		Risk of loss and damage of products passes to you on the date when the products are delivered.

4.		Payment
4.1		We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.2		The price you pay is the price displayed on this website at the time we receive your order.
4.3		Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.4		All prices exclude delivery charges, unless expressly stated.
4.5		All plant heights quoted include pot, unless expressly stated

5.		Intellectual Property
5.1		You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors (as appropriate). You are permitted to use this material only as expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any text, video, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below.
5.2		You acknowledge and agree that the material and content contained within this website is made available for your own personal and non-commercial use and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

6.		Liability and Indemnity
6.1		Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
6.2		Subject to Section 6.1 above, We will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind (whether express or implied statutory or otherwise) regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server from which it is made available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Seagravenurseries.co.uk will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
6.3		Subject to Section 6.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
6.4		Subject to Section 6.1 above, we will not be liable whether in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these terms and conditions for any: Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); Or loss of goodwill or reputation; or Special or indirect losses suffered or Incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
6.5		Notwithstanding the above, subject to Section 6.1 Our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
6.6		This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
6.7		We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

7.		Miscellaneous Provisions
7.1		The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
7.2		Streamline processes all debit, credit and charge card payments for customers and will retain a handling fee from the transaction value. The remaining amount will be paid to Seagrave Nurseries Limited for the goods and services supplied. The total amount payable by all customers regardless of the means of payment will be the same, as Seagrave Nurseries Limited will be incurring the cost of the handling fee on your behalf.
7.3		Seagrave Nurseries Limited shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond its reasonable control.
7.4		To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
	i.	The privacy practices of such websites,
	ii.	The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
	iii.	The use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
7.5		You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Seagrave Nurseries Limited.
7.6		Seagrave Nurseries Limited reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
7.7		If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
7.8		These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
	a.	Seagrave Nurseries Limited shall have the right to enforce any rights or benefits under these terms and conditions;
	b.	Seagrave Nurseries Limited shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
	c.	A person who is a permitted successor or assignee under Section 7.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
	d.	No consent from the persons referred to in Section 7.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
7.9		No delay or failure by Seagrave Nurseries Limited to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Seagrave Nurseries Limited.
7.10		These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Seagrave Nurseries Limited relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Seagrave nurseries Limited for your use of this website The Seagravenurseries.co.uk website is operated by Seagrave Nurseries Limited: Seagrave Nurseries Limited THE NEW BARN, LAND AJACENT TO 84 MELTON ROAD BARROW UPON SOAR, LEIECSTERSHIRE, LE12 8NX VAT Number 133294524

We recommend you print out a copy of these terms and conditions for your future reference. If you have any questions regarding this website please contact us at bill@seagravenurseries.fsnet.co.uk