ONLINE TERMS AND CONDITIONS OF SALE
These Online Terms will apply to any contract between you and Cheviot Trees Ltd for the sale of goods which you have ordered through the www.cheviot-trees.co.uk Website.
For clients who purchase from Cheviot Trees Ltd on a credit account basis, our Standard Terms and Conditions of Sale will apply.
All orders placed by you are subject to acceptance by us.
These Online Terms and Conditions of Sale tell you who we are, how we will provide Goods to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
Please read these Online Terms and our Conditions of Sale carefully and make sure that you understand them, before ordering any Goods from this website.
TRADING TERMS - CONDITIONS
Us or we means Cheviot Trees Ltd.
Our company number is 02216545 and our registered office is at Cheviot Trees Ltd, Newton Brae, Foulden, Berwick upon Tweed, TD15 1UL.
Our VAT number is GB 499 6801 78.
You, the buyer Means the person or company who purchases the Goods from Cheviot Trees Ltd.
Goods Means the goods which Cheviot Trees Ltd is to supply to you.
Contract Means the contract between Cheviot Trees Ltd and the buyer of the goods.
Online order Means an order placed and paid for through www.cheviot-trees.co.uk.
GOODS, DESCRIPTION AND PRICE
The description and price of the Goods you order will be as shown on the website at the time you place your order. Whilst we try to ensure that all availability descriptions and prices are accurate, errors can occur. Any discrepancy will be notified to you as soon as reasonably possible after receipt of your order clarifying the issue and offering you the option of reconfirming your order or cancelling it in exchange for a full refund.
The price of the Goods and delivery charges are exclusive of VAT. The final total price shown on your order will include VAT.
PLACING YOUR ORDER
You must accept these Online Terms in full before your order can be placed. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order on the checkout page. Please check your order carefully at each stage of the process. Please make sure that you provide your correct phone number and e-mail address when you place your order. This is essential to enable us to contact you with any questions or to update on any changes to the order.
When you place your order, this represents an offer from you to purchase Goods from us. We will send you an initial e-mail to confirm that we’ve received your order. This does not mean that we have accepted your order (see below).
Your order will be accepted when we-mail you to confirm your order. The Contract between us is formed when we deliver your Goods to you. If your order is dispatched in more than one delivery, each dispatch will form a separate Contract covering the Goods delivered under that dispatch. Without affecting your cancellation rights (see below), you can cancel your order for Goods at no cost, at any time before we dispatch the Goods, or before you collect them in cases of Click and Collect.
We may reject an order at any time before we have despatched your order and therefore triggered the Contract start date.
All orders are subject to stock availability, and we will advise you as soon as possible if we cannot supply any of the items that you have ordered. If for any reason we cannot deliver to your location we will notify you also.
If we are unable to contact you regarding out-of-stock items, we will accept your order and supply suitable alternative products from those we have in stock.
If you have already paid for the unavailable Goods, and do not want to accept alternative products we will refund their purchase price by crediting your payment card or your account (as applicable).
Where we offer alternative products, this is a suggestion only. You are responsible for determining whether any alternative products offered to you are suitable for the purposes for which you intend to use them.
We will deliver the Goods to you by Courier at the address you have given in the checkout process. Delivery timescales are estimates only. On occasion we may have to change delivery dates or times at short notice.
Please ensure that that the address provided is detailed and accurate. We cannot accept liability for loss, delay or damage that may result from incorrect delivery instructions or wrong information.
Normally deliveries will be left safely at the delivery address without signature if nobody is at home. If there is a specific requirement for signing, you will be notified.
You must let us know at time of ordering if the delivery location has any vehicular access restrictions.
Large orders, or those containing shelters and stakes, may be sent palletised on a rigid lorry (similar size to a dustbin lorry). If no forklift is available to unload, then the pallet will be lowered to the ground using a hydraulic tail lift. It will be offloaded using a manual pallet truck which requires an area of level tarmac or concrete – not gravel - to unload onto.
We will always try our best to meet the estimated delivery timescales we give you. Occasionally traffic or other problems out with our control can prevent delivery on the planned day.. On these occasions you will be advised and the delivery will normally be on the following day. If we are unable to deliver your order within this timescale, we will let you know and give you the opportunity to either wait for the Goods or cancel your order. If you choose to cancel, we’ll give you a full refund including any delivery charges that may apply.
If you keep our delivery vehicle waiting for an unreasonable time, or the delivery driver is obliged to return to base without completing delivery a reasonable additional charge may be made that reflects the extra time and or return delivery attempt. provided.
We shall not be liable for any damages, whether direct or indirect (including for the avoidance of doubt of any liability to any third party such as contractors or tradespeople) resulting from any delay in delivery of the Goods, or failure to deliver the Goods in a reasonable time, whether such delay or failure is caused by us or others.
We will always try to make one single delivery of all items where possible, to minimise inconvenience. However, this may not always be possible. Where your order contains a mix of Goods with different delivery lead times, the longest lead time will usually apply to the entire order.
ISSUES OR QUERIES
In the unlikely event that you have any issues with the Goods you have received, please contact us immediately so we can help.
We grow our plants to be tough and robust. The ‘cell grown’ production system equips plants with a complete and intact fibrous root system which provides the plant with the very best start.
If you have any concerns please notify us within 7 days of receiving the goods to allow us to address any concerns.
There are many factors that are out with our control that may affect the future survival of plants. These include the weather, the quality of planting, subsequent maintenance, and ground conditions, therefore we cannot accept responsibility for future losses beyond the initial 7day period.
We have stringent quality standards for the manufacture and treatment of our stakes. These are a natural product so they may be some variance in size, shape, and appearance.
Returns, your cancellation rights of the contract and return of the goods
Plants are classified as perishable goods therefore you may not cancel your order once they have been despatched.
If you have ordered Goods via our website, your right to cancel the contract starts from the date of delivery. which is the date the contract between us is formed. You will need to notify us of your cancellation within 14 days and return the Goods to us within 28 days of receiving them.
During this period, you may cancel your order and receive a full refund provided the Goods are returned to us in accordance with the requirements in this cancellation clause below and if the order is click and collect subject to the terms in the click and collect clause below.
This clause does not affect your right to return faulty or mis-described goods.
Without affecting your cancellation rights, you can cancel your order for Goods at no cost, at any time before we dispatch the Goods, or any time before the confirmed availability for collection time for click and collect orders.
Plants are classified as perishable goods. We are unable to accept returns of plants however if you have changed your mind, over purchased, or bought in error. Therefore, you may not cancel your order or return these plants after they have been despatched.
Return of Non-perishable goods will be at the Customer’s own risk and cost. If uplift of these is required by CT both the uplift cost and the original cost of delivery will be charged.
Refunds for non-perishable items that are returned to us will only be issued when we have received the goods back in a resalable condition. This means they should be in their original packaging, unused, and undamaged and with a copy of the delivery note included. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. If the Goods are damaged (or have been modified) by you or are damaged in transit in a way that you could have foreseen (such as not being sent back in the same or similar packaging as sent to you) we withhold the right to refuse any returns (or partial returns) that do not meet a good and re-sellable condition as described in this clause.
Once you have notified us that you are cancelling the contract and have returned the Goods in accordance with the above, we will refund or credit your account as soon as possible and no later than 14 days after receiving them back. 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.
CLICK AND COLLECT
Where available, click and collect orders can be made on our website. We aim to have your order available for collection within 5 working days of receiving your order (subject to stock). We will notify you once your order is received and again when your order is ready for collection.
OTHER IMPORTANT TERMS
If any part of these Online Terms is found to be invalid or unenforceable then, to the extent that it is invalid or unenforceable, the part in question will be treated as if it has been removed from these Online Terms. If this happens, the remaining parts of these Online Terms will continue in full force and effect. We reserve the right to make changes to these Online Terms as required without giving notice. Any changes will be posted to this website and will take effect immediately. These Online Terms and any Contracts shall be governed by and construed in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish court.
STANDARD TERMS AND CONDITIONS
PLACING AN ORDER
All orders to be placed in writing, either by letter or e-mail. Any orders not confirmed in writing will be fulfilled at our discretion. Orders will be acknowledged by us in writing. No responsibility can be accepted for any errors that arise that have not been notified to us in writing before despatch of the order. All items are offered subject to availability at time of receipt of order. Sizes indicated on our website and in the catalogue are for guidance only, and may vary with the growing season. Prices quoted on our website and in the catalogue are ex nursery and subject to VAT where applicable.
ORDER POSTPONEMENT OR CANCELLATION
If an order is cancelled, either in part or whole, Cheviot Trees Ltd. reserves the right to charge up to 100% of the order value, and costs incurred due to order cancellation or postponement. No excess stock or materials purchased may be returned for credit without prior agreement. A handling charge may apply.
Payment will be required from new customers prior to despatch or collection of goods. We accept payment by credit and debit cards, BACS or cheque. Where credit facilities have been arranged full payment of accounts is due within 28 days from date of invoice. A credit charge of 2% per month may be added to overdue accounts.
Any complaints must be notified immediately and confirmed in writing within 7 days of receipt of goods. Failure to do so will nullify any complaint and acceptance of delivery will be assumed.
Whilst every effort is made to supply stock of best quality, no warranty is given as to description, quality, growth or productiveness. Whilst every effort will be made to supply orders to our customer’s satisfaction, no guarantee of completion by a fixed date can be given and no claim for any consequential loss will be accepted. The Company accepts no liability for loss or damage arising from the use of any information supplied. In all cases the Company’s liability is limited to replacing the items at fault, or at its discretion, making an allowance not exceeding the value of the order in question. No liability for consequential loss will be accepted.
Cheviot Trees Ltd will not be liable for any claim relating to its failure to supply, where this failure has arisen due to climatic, natural, accidental or any other causes beyond our control.
ACCEPTANCE OF TERMS AND CONDITIONS OF SALE
The placing of an order implies acceptance of our terms and conditions of sale. These Terms and Conditions shall be governed by, and construed in accordance with the law of England and Wales, and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.