Pippa Greenwood website terms and conditions
1. Definitions In these terms and conditions, "we" and "us" means Pippa Greenwood.
2. Access to the web site and content
2.1 We will endeavour to allow uninterrupted access to the web site, but access to the web site may be suspended, restricted or terminated at any time.
2.2 We reserve the right to change, modify, substitute or remove without notice any information on the web site from time to time.
2.3 We assume no responsibility for the contents of any other web sites to which the web site has links.
3. Purchasing Goods & Services
3.1 Please read these terms carefully. By using or submitting an order (and any subsequent orders) on this web site you are agreeing to these terms that appear below.
3.2 To register with and purchase goods or services in respect of advice you must be eighteen years of age or over. We make available for purchase via this website, plants, seeds and publications as well as providing a facility for submitting enquiries.
3.3 All use and purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you order goods after we have published any changes you will be bound by those changes.
3.4 We will confirm acceptance of your order using the website. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. At the point of acceptance the purchase contract will be made and we will supply the goods or services to you in accordance with your order and these Terms and Conditions.
4. Price and Delivery Charges
4.1 The price of goods will be as quoted on the web site at the time you confirm your order (usually by clicking the "checkout" button).
4.2 The prices stated on the website will be inclusive of any VAT payable and carriage charges for delivery in the mainland UK.
5. Methods of Payment
5.1 Payment may be made by PayPal, debit, credit or charge card. You cannot pay for your order by cash or cheque.
5.2 The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed.
5.3 Authority for payment will be requested from your card issuer at the time of your order. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
6.1 Delivery will be made by Royal Mail or such other carrier company as we may from time to time decide to use to the address specified by you when you register as a member on the website (please see clause 15 below). You have the ability to change this address on the web site.
6.2 In respect of an order comprising plants, these are grown specifically to order, however we reserve the right to substitute any part of your order with similar plants.
6.3 In respect of any order comprising plants, in order to ensure that such plants are not damaged, you are obliged to open packaging immediately upon receipt of delivery. In the event that any delivery of plants is left unattended at your address or is not opened immediately upon receipt, we expressly disclaim all liability which may arise by virtue of the delivery being left unattended or plants not being unpacked immediately upon receipt. This includes but is not limited to theft. In the case of any order that comprises seeds and/or non-perishable items we expressly disclaim all liability which may arise by virtue of such delivery being left unattended. This includes but is not limited to theft.
7. Defective Goods
7.1 We guarantee the quality of our goods. You must inspect the goods immediately upon receipt and notify us promptly by e mail in respect of any defects. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us by return on delivery of the goods. We will arrange with you for the goods to be returned to us.
7.2 Subject to clause 9 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
8. Amendments and Cancellation Rights
8.1 In the case of plants, these are grown to order. In respect of any order that consists of or includes plants or perishable items you do not have the right to cancel the contract.
9. Warranty and Liability
9.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights.
9.2 We will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment.
9.3 Other than as set out in clause 9.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the price of the goods contained in that order.
10.1 We respect your privacy. The personal information that you give us is held with care and security. Other than transferring your information to our growers in order that your order may be fulfilled, we do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.
10.2 Where you opt to register on the appropriate section of the website to seek advice, order plants and seeds or to purchase a voucher for gifts you shall be issued with a unique passcode. Use of the passcode is set out in paragraph 14 below. Please keep the passcode secret, as you are entirely responsible if you do not maintain the confidentiality of it. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your passcode. You must immediately notify us of any unauthorised use of your e-mail address and/or passcode or any breach of security known to you.
11. Customer Complaints
11.1 Any complaints should be addressed to Pippa Greenwood you will find an e-mail link on our website in the "Contact" section and we shall do our best to resolve any such complaint.
12. Intellectual Property
12.1 The copyright in the material contained in the website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to ●, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
12.2 PIPPA GREENWOOD and GROW YOUR OWN WITH PIPPA GREENWOOD are trade marks of Ms Pippa Greenwood. Other product and company names mentioned on this web site may be the trademarks or registered trademarks of their respective owners.
12.3 You shall retain ownership of all copyright in data you submit to the web site. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
13. Exclusions of liability
13.1 We use reasonable endeavours to ensure that the data on the web site is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the web site and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the web site. We do not guarantee that the web site will be fault free and do not accept liability for any errors or omissions.
13.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the web site, any liability we may have for any losses or claims arising from an inability to access the web site, or from any use of the web site or reliance on the data transmitted using the web site, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the web site save where such liability cannot be excluded by law.
13.3 We do not give any warranty that the web site is free from viruses or anything else which may have a harmful effect on any technology.
13.4 We exclude all liability for loss or damage in the event that you either do not follow advice provided or you follow such advice incorrectly, as regards the care of any plants sold by us, whether in plant or seed form.
14. User name and password
14.1 On registering with the Grow Your Own With Pippa Greenwood service, you will be issued with a pass code which must be used in order to access certain restricted parts of the web site. The pass code is personal to you and is not transferable.
14.2 Your pass code is the method used by us to identify you and so is very important. You are responsible for all information posted on the web site by anyone using your pass codeand any payments due for services accessed through the web site by anyone using your passcode. Any breach of security of a user name and password should be notified to us immediately.
14.3 You may not adapt or circumvent the systems in place in connection with the web site, nor access the web site other than through normal operations.
15.1 We may terminate your access to the web site and the services within it on not less than 3 days' written notice to you.
15.2 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
16.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
16.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the web site. Any modifications shall take effect 3 days after posting on the web site.
16.3 We shall not be deemed to be in breach of these terms and conditions by reason of any delay in performance or non-performance of any of our obligations to you to the extent that such delay or non-performance is due to any cause beyond our reasonable control including but not limited to the acts, defaults or omissions of suppliers or sub-contractors or strike, lockout or other form of industrial action (an "Event of Force Majeure").
17. Governing law
17.1 These terms and conditions shall be governed by and construed in accordance with English law.
17.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.