Terms and conditions

Terms and conditions

Please read all these terms and conditions. As we can accept your order and make it legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01206 210374. Application
  1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Poplar Nurseries Ltd. a company registered in England and Wales under number 00469113 whose registered office is at Poplar Nurseries, Coggeshall Road, Marks Tey, Colchester, Essex, CO6 1HR with email [email protected]; telephone number 01206 210374; (the Supplier or us or we).
  2. These are the terms and conditions on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by the Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Goods;
  3. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the order;
  4. Durable Medium means the paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction for the information stored;
  5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
  6. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the website;
  8. Website means our website www.poplarnurseries.co.uk on which the Goods are advertised.
Goods
  1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the goods supplied.
  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All Goods which appear on the Website are subject to availability.
  4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal Information
  1. We retain and use all information strictly under the Privacy Policy.
  2. We may contact you by email, phone or by pre-paid post and you expressly agree to this.
Basis of Sale
  1. The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of email with all the information in it (ie. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  4. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  5. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg. by giving you rights as a business.
Price and Payment
  1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
  2. Prices and charges include VAT at the rate applicable at the time of the Order.
  3. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
  1. If specified by the Customer that the Goods will be delivered, we will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event not more than 30 days after the day on which the contract is entered into.
  2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
  1. we have refused to deliver the Goods, or if Delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you have said to us before the Contract was made that delivery on time was essential; or
  2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  1. If you treat the Contract at an end, we will promptly return all payments made under the contract.
  2. If you were entitled to treat the Contract at an end but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us and we will pay the cost of this.
  3. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without cancelling or rejecting the Order for the rest of them.
  4. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
  5. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  6. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Locations, we may charge the reasonable costs of redelivering them.
  7. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them.
Withdrawal, returns and cancellation
  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring liability.
  2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:
  1. a newspaper, periodical or magazine except subscription contracts for supply of them;
  2. goods that are made to your specifications or are clearly personalised;
  3. goods which are liable to deteriorate or expire rapidly.
  1. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
  1. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
  1. Subject as stated in these Terms and Conditions, you can cancel the contract until 48 hours prior to the event specified on your Order confirmation.
  2. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision.
  3. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
  1. Except as set out below, if you cancel the Contract, we will reimburse to you all payments received from you.
Reimbursement
  1. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  2. For the purpose of these Cancellation Rights, these words have the following meanings:
  1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
  2. sales contract means a contract under which a trader transfers or agrees to transfer the goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity
  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  2. Upon delivery/receipt, the Goods will:
  1. be of satisfactory quality;
  2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
  3. conform to their description
  1. It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstance beyond the control of either party
  1. In the event of any failure by a party because of something that is beyond its reasonable control:
  1. the party will advise the other party as soon as reasonably practicable; and
  2. the party’s obligation will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s rights above relating to any right to cancel.
Privacy
  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://www.poplarnurseries.co.uk/about-us/privacy-policy/), and our Website Terms and Conditions (https://www.poplarnurseries.co.uk/about-us/terms-and-conditions/).
  3. For the purposes of these Terms and Conditions:
  1. ‘Data Protection Laws’ means any applicable law relating to the process of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
  2. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
  3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  1. We are a Data Controller of the Personal Data we Process in providing Goods to you.
  2. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
  1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  2. we will only Process Personal Data for the purpose identified;
  3. we will respect your rights in relation to your Personal Data; and
  4. we will implement technical and organisational measures to ensure your Personal Data is secure.
  1. For any enquiries or complaints regarding data privacy, you can contact the HR Manager at the following email address: [email protected]
Excluding liability
  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission, or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg. of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
  1. The Contract (including any non-contractual matters is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  3. We try to avoid any dispute, so we deal with disputes in the following way: If a dispute occurs a customer should contact us to find a solution. We will aim to respond with an appropriate solution.
Attribution
  1. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

YOU MIGHT ALSO LIKE

Ask an expert

Do you have a question? Ask one of our experts using the form below: