Terms and Conditions for sale of goods
FORMATION OF CONTRACT
When the customer requests to purchase a product, service or event on this site such a request amounts in law to an offer only to purchase at the stated amount. No binding contract in law is formed until such time as an e-mail is sent by Nickys Nursery to the e-mail address of the customer, in which it is stated that such offer is accepted.
All prices include VAT if applicable and the prices in the online catalogue are correct at time of placing your order. We reserve the right to revise our prices at any time.
Nickys Nursery will endeavor to supply the goods within a reasonable time, if goods delivered by courier have not been received within 1 week of dispatch date please notify us ASAP.
You should report any damaged goods or faulty products within a reasonable time. In usual circumstances, we would request you inspect goods and report any faults to Nickys Nursery within 48 hours of receipt. Goods delivered by courier, in usual circumstances the outer packaging should be inspected at time of delivery and any damage should be noted and signed for as damaged, please inspect the goods within 48 hrs to ensure none of the goods inside the package have been damaged by the courier.
SUBSTITUTE PRODUCTS If for any reason beyond Nickys Nursery reasonable control, we are unable to supply a particular product, we will let you know. If substitute of similar or equivalent standard and value is available, you have the right to accept the product or cancel for a refund of the value of the product.
It is the customers responsibility to ensure delivery is possible to the address provided. Non delivery of goods - we must be notified in writing within 7 days. Failed delivery by courier - After 2 unsuccessful attempts to deliver goods to a property the courier will only attempt a 3rd delivery if a re delivery charge is paid by the customer, if the customer does not contact the courier service they will hold the parcel for up to 4 days before returning the parcel to Nickys Nursery. Any failed delivery charges will only be passed onto the customer if it is the customers fault that delivery cannot be made. If you have any specific delivery instructions (ie, If out leave with neighbor or round back of house etc) please add these in additional information box when placing order. You should only leave instructions for the goods to be left without a signature if you are sure the goods will remain safe as Nickys Nursery Ltd or the courier service will not accept liability for the goods. If at any time you require the parcel to be re-directed to a different delivery address once it is in the care of the courier there will be an additional charge.
The customer may be subject to local taxes and duties levied in their country of residence. The customer accepts full responsibility for ascertaining such taxes and duties prior to submitting an order and for their payment.
RIGHT TO CANCEL
When ordering via distance means (over telephone or via website) you have a right to cancel under the Consumer Contracts Regulations 2013. You have 14 calendar days from the day after you received the goods to cancel and receive a full refund including the cost of postage to you. Please contact us in writing (e-mail is sufficient) if you wish to cancel. The cost of returning the goods is the responsibility of the customer. If you request us to collect the product you will be responsible for all collection charges we incur. If any other shipping other than Royal Mail 1st class i.e Signed For or courier was selected, only standard basic shipping will be reimbursed. A refund will be issued back onto the payment method used within 14 days of receipt of goods. We reserve the right to deduct any reasonable costs if the goods are returned damaged or unsellable. We would request that goods are retuned in their original undamaged packaging to Nickys Nursery Ltd, 33 Fairfield Road, Broadstairs, Kent. CT10 2JU no later than 14 days after the day on which you notified us of cancellation. We would like to remind you that you have a statutory duty to take care of goods. If you do not contact us to cancel within 14 calendar days, any requests to cancel outside this time will be considered but please be aware we may impose costs including delivery charges. We reserve the right to cancel any order.
Includes custom grass mixtures, wildflower mixtures, seed packaging and garden games to customers own specifications. Unfortunately we are unable to accept returns for goods made to the consumer own specification and packaging (bespoke items) unless the goods are faulty.
Nickys Nursery works in line with the sale of goods act, which state that any goods purchased should be as described, of satisfactory quality and fit for the purpose for which they were intended. Your rights vary depending on the nature of the fault and the length of time you have the goods. If in the unlikely event a problem arises, we aim to resolve the issue within a reasonable time.
Nickys Nursery attempt to ensure that the information available on the web site at any one time is accurate. However, I cannot guarantee that it will be fault-free. We make no representations about the fitness for a particular purpose of any of the products available on this web site. This does not affect your statutory rights as a consumer, you can find out about your statutory rights by contacting Citizens Advice on : 03454 040506. You understand that seeds and plants are living things, and I cannot guarantee that seeds will germinate or that plants will grow and thrive, due to the length of time and the high temperatures for germination of some species, and how seeds are stored once they leave our care.
Our liability is to the value of the goods purchased, we cannot be held responsible for the resultant crops.
Orders outside the EU, I cannot be liable if any product is seized by customs or quarantine departments in your country, you must ensure the items you are ordering can be imported into your Country.
Nickys Nursery are the owners of all international copyright in the content, design, look, feel and functionality of this site. As a result the customer agrees that he or she may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner the site and its contents including text, graphics, images, code or other items other than temporarily in the course of using the service provided by this site or to keep a record of a transaction entered into using this site.
All agreements entered into under this service shall at all times be governed and construed in accordance with the laws of England and Wales and, further, that the courts of England and Wales shall have exclusive jurisdiction over any legal action between Nickys Nursery and the customer and other parties arising in connection with such agreements or this site.
Nickys Nursery Website usage terms and conditions
The term ‘Nickys Nursery’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 33, Fairfield Road, Broadstairs, Kent CT102JU United Kingdom. Our company registration number is 05412481 at 424 Margate Road, Westwood, Ramsgate Kent CT12 6SR. The term ‘you’ refers to the user or viewer of our website.
· The content of the pages of Nickys Nursery website is for your general information and use only. It is subject to change without notice.
· This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
· All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
· Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
· From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.