Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and Sutton Manor Nursery LTD, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation In this Agreement the following terms shall have the following meanings:

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Goods”

means any products that Sutton Manor Nursery advertises and / or makes available for sale through this Website; “Sutton Manor Nursery” means Sutton Manor Nursery, Dartford Road, Sutton At Hone, Kent DA49HZ;

“Service”

means collectively any online facilities, tools, services or information that Sutton Manor Nursery makes available through the Website either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at Sutton Manor Nursery, Dartford Road, Sutton At Hone, Kent DA49HZ

“System”

means any online communications infrastructure that Sutton Manor Nursery makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and is not employed by Sutton Manor Nursery and acting in the course of their employment; and

“Website”

means the website that you are currently using (SMN NEW WEB BROWSER) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

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2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions do not apply to customers buying Goods in the course of business.

International Customers

If Goods are being ordered from outside Sutton Manor Nursery country of residence, import duties and taxes may be incurred once your Goods reach their destination. Sutton Manor Nursery is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Sutton Manor Nursery cannot guarantee that the packaging of your Goods will be free of signs of tampering.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Sutton Manor Nursery , our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Sutton Manor Nursery.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Sutton Manor Nursery Ltd or our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so without prior permission on the provision that you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

9. Use of Communications Facilities

9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

9.1.1 You must not use obscene or vulgar language;

9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3 You must not submit Content that is intended to promote or incite violence;

9.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

9.1.6 You must not impersonate other people, particularly employees and representatives of Sutton Manor Nursery or our affiliates; and

9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.2 You acknowledge that Sutton Manor Nursery reserves the right to monitor any and all communications made to us or using our System.

9.3 You acknowledge that Sutton Manor Nursery may retain copies of any and all communications made to us or using our System.

9.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10. Goods, Pricing and Availability

10.1 Please note the product you will receive may vary in colour to the stock image displayed on the on the website, pots have a natural colour variation within the pots markings, making each pot individual and unique. Pictures of products were taken in different light conditions and using the various photographic equipment. Computer screens have different individual settings that moderate colours may vary. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Sutton Manor Nursery correspond to the actual Goods, Sutton Manor Nursery is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. 

10.2 Where appropriate, you may be required to select the required size of the Goods that you are purchasing. Our order system allows customers to add notes for special requests such as delivery instructions, specific requirements, or general instruction in relation to the goods you are purchasing. 

10.3 Sutton Manor Nursery does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.

10.4 All pricing information on the Website is correct at the time of going online. Sutton Manor Nursery reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

10.5 In the event that prices are changed during the period between an order being placed for Goods and Sutton Manor Nursery  processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

10.6 All prices on the Website include VAT. Sutton Manor Nursery VAT number is 859024315.

10.7 Any refunds or part refunds will be issued on the original payment method used during your purchase, please note if customer has opted for an express or AM/PM delivery these fees are non refundable.

10.8 All of our olive trees and plants are fully inspected and health checked by the UK government body of plant care and health DEFRA for Xylella Fastidiosa. Sutton Manor Nursery cannot be held responsible or give guarantees to our plants or trees for the way they have been looked after once they have been delivered to the customer, watering, drainage, re-potting, planting into the ground, airborne pest, bugs, larvae, as well as diseases such as box blight, fungal leaf spots or aphids, we do not guarantee our trees and plants against weather conditions such as drought, frost or snow damage and adverse cold weather. Sutton manor advise customers to refrain from replanting  in cold temperatures or where morning frosts are likely to occur to avoid root damage. We are a natural organic nursery and where it is possible we do not use pesticides to eradicate natural pests within the environment, it is your personal decision if you wish to use chemicals on your trees or plants to treat any aspects of the above you may encounter.

Almost all of our Pots will come with drainage holes if you require a pot without drainage holes this must be specified in the order notes prior to completing your order.

10.9 Our Gnarled and large olive trees are Miniaturised from there original natural size prior to potting, which means some main branches will have been removed to limit the overall height and maturity in order to give the tree a more aesthetic appeal.

11. Delivery

11.1 Please ensure someone is at the delivery address to receive, sign for and inspect the goods, please ensure you have checked your goods prior to signing. Contact number/numbers provided by the customer on the order details must be contactable on the day should there be no answer at the delivery address or there are difficulties locating your property we are more likely to resolve any issues, if we are unable to delivery due to no one at the property the customer will incur redelivery charges. If you are ordering on behalf of a third party it is the purchasers responsibility to inform them of the intended delivery date, failure to do so will result in a redelivery charge. Property Access : It is your responsibility to inform in advance how much access there is to your property (single track road, dead end or close, tight turns and small entrances, single and double yellow and red lines where the driver will be unable to stop to unload,  low hanging branches etc) for a kerbside delivery or as close to your property as possible. Please note if the driver must stop on restricted areas where fines are imposed the customer is responsible for the amount of the fine example double yellow lines, parking area restrictions.  Customers are then responsible for the moving of your tree thereafter. Please note if smaller vehicles are required for access there will be an extra fee £20.  FAILURE TO INFORM US THAT ACCESS REQUIRES A SMALLER VEHICLE FOR THE DELIVERY, THERE WILL BE AN EXTRA FEE OF £150 ON THE DAY OR FOR THE REDELIVERY AND IT IS UNDER THE DRIVERS DISCRETION IF THE LARGER VEHICLE CANNOT ACCESS NEAR TO YOUR PROPERTY AT DELIVERY POINT.

11.2 Please be aware that goods purchased online can only be cancelled or amended prior to dispatch, we require 10 working days notice before booked delivery date, if the order has been dispatched from our nursery there is £150 per pallet return fee on pallet deliveries and non pallet deliveries £55 per item.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Sutton Manor Nursery accepts no liability or responsibility.

11.3 If Sutton Manor Nursery receives no communication from you, within 1 day of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in good condition and with no problems.

11.4. Damaged goods/ Quality issues – your goods must be checked upon receiving your goods and signed for before the delivery driver leaves. Sutton Manor Nursery cannot be held responsible for any claim that was not on the delivery note when signed for. Please note whilst we take every care to deliver the tree safely and securely on a pallet, large trees above 2M (including the pot) are taller than the internal height of the delivery vehicle so therefore, the branches of the tree will have to bend over, be netted and tied down. Sometimes some branches can snap, this will not affect the health of the tree in any way so please trim those branches and the tree will replenish.

11.5. If you have chosen the option of “leave at your safe place, leave with neighbour or other then you will be held responsible for the loss, stolen or damaged goods.

11.6. If you do not follow any of the above guidelines on delivery and the tree needs to be returned to us, then a return cost to Sutton Manor Nursery will be passed on to you from the courier company.

11.7. If you simply have a change of mind on your purchase from the time of dispatch to delivery day, you will be responsible for the return costs of returning your items costs are £150 each pallet for pallet order returns or £55 per box for box order returns.

The customer must ensure they take photographs of all sides of product before and after preparation for return shipping. This is to ensure that if we receive damaged goods, the customer has recourse (proof) to the courier that they sent the goods in perfect condition. We will only then be able to provide a refund.

HOWEVER, if the customer should choose to use their own 3rd party courier, the customer will then become liable for any damage caused to the product. If there is damage to the returned product/products, the customer will be responsible to retrieve any claim for any damage and claims to the 3rd party courier. In the unlikely event that we have received damaged goods, and no refund has been issued the customer is responsible for retrieving these goods within three working days of notification, goods that have not been collected will be disposed of.

If we have sent you something that you had not ordered (goods are incorrect) please reject at point of your delivery in any event, please contact us within 24 hours of delivery. You can return goods we have sent in error, these goods must be returned within a 14-day period for a full refund they must be unused in the original packaging.  If you choose to keep the incorrect goods, we will amend the pricing accordingly and issue any difference in price by way of part refund or invoice amount due.

Our trees and plants are inspected by our trained staff at our nursery prior to dispatch, In the unlikely event that you should be dissatisfied with your order your rights under the distance selling regulation allows you to return your item in the same condition they were received, if you are returning pots any alterations made by the customer such as additional holes or damage caused by the customer will be non returnable, our resin-based ranges of pots are individually moulded and spun in specialised molds so evenness of colours may vary between each individual pot. We do not accept returns for goods that have been replanted or re-potted, for simple change of mind all pots, plants and trees must be in a saleable condition and in original box or pallet to Sutton Manor Nursery within 14 days of delivery of your order for a refund which will not include re-collection fees, the re-collection fees are £55 on each box delivered, and £150 on each pallet delivered, this will be payable by the customer. You will need to repackage in the box supplied or in event of a pallet delivery the tree must be secured tightly in the same manner in which your goods arrived to you. Please note we strongly advise customers to check the dimensions of the goods prior to ordering to ensure the goods are not too large or too small we cannot be held responsible if the customer cannot move the goods will through doorways, garden entrance’s etc on their properties,  returns fee will be payable by the customer.  It is very important for customers to keep the original delivery packaging and materials if the customer wishes to return an item,  If the customer does not keep the original packaging, and Sutton manor send out replacement packaging materials, additional fees on the pallet and box return fee will apply.  If you wish to organise for your goods to be returned by your own courier there will be a restocking fee of £20 per order. Goods must be received in the same condition as they were sent, please note when returning your goods by your own nominated courier if the goods we receive have been damaged in anyway this will affect your refund amount.

11.8 Packaging- pallets, boxes and wrapping material disposal are the responsibility of the customer.

11.9 Goods purchased and left at Sutton Manor Nursery have to be collected or delivered within 12 weeks of the purchase date, after which the goods are deemed as abandoned and are sold or disposed of with no refund given, we will contact you and email if we receive no response, the above will apply.

12. If you are happy with your goods please unpack your goods from the pallet/pallets on your arrival day,  you must water them on the day of delivery especially in hot weathers. Our stock will arrive in various pot sizes water can evaporate quickly during hot summers so it is imperative you water as soon as you receive your trees/plants as these are live goods.

12.1 It is imperative that you monitor your tree/plants daily as they may require extra watering hot weathers.

14. Disclaimers

14.1 Sutton Manor Nursery  makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

14.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

14.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

14.4 Whilst Sutton Manor Nursery uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

15. Changes to the Service and these Terms and Conditions

Sutton Manor Nursery reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Sutton Manor Nursery is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

16. Availability of the Website

16.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

16.2 Sutton Manor Nursery  accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

17. Limitation of Liability

17.1 To the maximum extent permitted by law, Sutton Manor Nursery accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

17.2 Sutton Manor Nursery excludes liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

17.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

18. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

19. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

20. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Sutton Manor  Nursery Ltd.

21. Communications

21.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to enquiries@suttonmanornursery@.co.uk Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

21.2 Sutton Manor Nursery  Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link.

22. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Sutton Manor Nursery  Ltd shall be governed by and construed in accordance with the Law of England and Wales and Sutton Manor Nursery  Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.