Nickys Nursery Ltd Terms and Conditions

Terms & Conditions

Contact Details :-
Address :-
Nickys Nursery Ltd                                         Phone / fax 44 (0) 1843 600972
33, Fairfield road,
Broadstairs,                                                      Email
Kent
CT10 2JU
United Kingdom
For customer support, complaints and query procedure click HERE
Every time you order from Nickys Nursery Ltd using this website you agree to the following.
Please read our Terms and Conditions of Sale and register your agreement on the customer details form.

TERMS AND CONDITIONS
In these terms and conditions "NN" means Nickys Nursery Ltd

1	This site is operated Nickys Nursery Ltd
33 Fairfield Road, Broadstairs, Kent. CT10 2JU. England, UK  Nicola Lee who is the Data Controller for all personal data uploaded to and processed on this site and the Vendors and Suppliers of all products and services available on this site.
2	These Terms and Conditions shall apply to any legal or natural person ('the customer') accessing this site or using the service provided.
3	Access to, and use of, the service is at all times at the sole discretion of NN and the service is only available to a customer with the consent of NN. NN can withhold consent to the customer' s use of this site at any time notwithstanding that the customer may have made previous use of the service.
4	NN will not be liable for any damage or loss, direct or consequential, arising out of any lack of access to the site at any time by the customer, NN or by any others persons or body.

PRIVACY

NN is committed to protecting your privacy. NN will only use the information that we collect about you fairly and lawfully (in accordance with the Data Protection Act 1998) and according to the Which? Web Trader Code of Conduct.
NN collect information about you for 3 reasons only: firstly, to process your order, second, to provide you with the best possible service so as to enable us, if there is a query with your order, to contact you and thirdly to enable us to post comment from you on our site
NN may e-mail you in the future to advise you about offers of products and services or information regarding our business unless you have informed us that you do not wish us to do so. We will take you off our list of e-mail addresses if you ask us to do so. Since the information we may wish to give you could come about at any time in the future, then, unless and until you have asked us to remove your data from our database, we will retain the data for an unlimited period of time.
Nicky's Nursery will not pass your information to other parties save and only as may be required to process your order such as with suppliers of items sold, delivery services and card processing services.
The type of information we will collect about you includes:
·	your name
·	address
·	phone number
·	email address
·	orders
·	comments made by you on onsite forms
.   Internet referrer information connected with your visit in web logs
NN will never collect sensitive information about you without your explicit consent.

The information we hold will be only as accurate and up to date as you give it to us. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. You agree to regularly check the data and inform us if there are any errors or changes required.

The personal information which we hold will be held securely in accordance with our internal security policy and the law and the Which? Web Trader Code.
NN will not transfer your information outside the EEA (European Economic Area) without first obtaining your specific consent.
Please note that all comments made in the Visitor Book may be displayed on this site, in whole or in part, at our complete discretion.

NN may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser, at the present time the cookie only stores your shopping information and name, address, phone number, referrer and email address. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy, you should email me: -
nicola@nickys-nursery dot co dot uk

FORMATION OF CONTRACT

5	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 e-mail is sent by NN to the e-mail address of the customer in which it is stated that such offer is accepted.

ITEMS SOLD

6	It is the intention of NN to at all times provide sufficient information about the products, and services offered on this site as would be reasonable to fully describe the item to the extent required by the Consumer Protection (Distant Selling) Regulations 2000. It may be from time to time that the description falls short of what the customer personally considers adequate to describe the items to the above standard. In that event the customer agrees to request further information as soon as is reasonably possible by e-mail to NN on the address given on this site. The failure of the customer to make such request, either before or after an offer is submitted on this site to NN, shall amount to an acknowledgement by the customer that the description on the site is adequate.

UNVAILABILITY OF PRODUCT

7	Whilst NN will at all times take all reasonable steps to ensure that the product or service , is available as requested, the customer understands that it is in the nature of the type of the service offered on this site,  and through no fault of their own, this may not be possible. In such event a suitable alternative item will be offered by NN to the customer who agrees to use his or her best endeavours to accept such an alternative as an appropriate replacement.

DELIVERY

8	This site will specify to the customer before an offer to purchase is made of the outside time for delivery which will be 30 or less days or, if a longer period is required such as, under the Consumer Protection (Distant Selling) Regulations 2000, requires the consent of the customer, as indicated to the customer by e-mail prior to acceptance of the offer. If the customer does not agree to such longer period of delivery as specified in such e-mail then he or she agrees to so notify NN of such objection by replying to the e-mail within 24 hours of its receipt at the customer's e-mail address.

9	It is agreed that the arrival of the product, at the address given by the customer at the time of order and amounts to delivery in full under the contract of sale notwithstanding that it may not be possible for whatever reason to actually deliver within such premises. It is the responsibility of the customer to ensure the latter is possible.

9a   NO CLAIM for Damage or Loss to goods will be considered unless NN are notified in writing within 3 days of receipt of goods, all goods must be checked for and signed accordingly upon receipt, for non receipt of goods - notification must be given in writing within 7 days of despatch for non UK residents in writing within 30 days. No claim can be considered whatsoever if goods have been received unchecked.

10	If at any time the customer wishes to cancel the purchase after delivery of any goods then, without prejudice to any challenge to the validity of being so able to do and to the respective rights and obligations on the part of NN and the customer, it shall be the duty of the customer to return the goods to NN and the cost of the return of the goods to NN shall be borne by the customer, save and unless the items provided were not as ordered by the customer but were substitute products provided due to the non-availability of the ordered product and had not previously been agreed by the customer as an acceptable replacement, in which event only the cost of the return of the goods shall be borne by NN.

10a  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 anytime you require the parcel to be re-directed to a different delivery address i.e. Works address after the parcel has been dispatched, we will have to pass on to you the additional courier charge of Ł10.64+vat(Ł12.50 in total) .
NOTE: After 2 unsuccessful attempts at delivering your goods the courier will only make a 3rd attempt at delivery after an extra charge of Ł7.05 is paid. (you can avoid this charge by collecting the parcel in person from their local depot).
After two failed deliveries the courier will hold the parcel for 4 days if the re-delivery charge of Ł7.05 is not paid and you fail to collect the parcel within these 4 days the courier will return the goods to Nickys Nursery Ltd
You will be refunded minus the courier charges (see paragraph below) and any credit card charges incurred.
Failed Deliveries by courier: Our courier charge us Ł14.60+vat for the return of ALL failed deliveries (ie. after 2 failed delivery attempts and non collection from their depot) and we must pass this charge on to you the customer. If your order has been classed as a failed delivery a refund will be issued less these charges. If you still require the goods they will be re dispatched after payment is received for shipping the goods.
Failed deliveries by Royal Mail:- There is no charge for the return of goods by Royal Mail, to re send your order you are responsible for all the re-shipping charges. Please double check your address when placing the order.  Please note that any orders returned that was dispatched via Royal Mail all postage charges will be deducted from the refund this cost may be more than the amount indicated on your invoice.

11	In view of the fact that any seeds sold to customers outside the EEC may require a Phytosanitary Certificate to be obtained by NN before dispatch, which will render the seeds incapable of resale, then, in all cases of sale requiring such a Phytosanitary Certificate, or in circumstances in which the seeds become unusable for any other reason before receipt of them by NN back from the customer, such as that the packaging has been opened or the seal tampered with, the customer shall pay to NN, on cancellation of the purchase under 10 above, a sum to cover the cost price of the seeds and packaging and the cost of the obtaining of the Phytosanitary Certificate and other related costs.

12	The customer may be subject to local taxes and duties levied in the country of residence of the customer. The customer accepts full responsibility for ascertaining such taxes and duties prior to submitting an order and for their payment.






RETURNS & CANCELLATIONS

12a Returns of non damaged goods, you must notify Nickys Nursery Ltd within 7 days of receipt of goods for information on returns. No goods will be accepted without notifying NN first, a 20% handling charge will apply. No goods can be accepted after the 7 days.
12b Goods must be unused and in original undamaged packaging, the cost of all shipping including returns is payable by the customer. NN can arrange collection for you of larger items at cost
12c Returns of damaged or faulty goods if notified within 7 days of receipt will be borne by NN IF THE GOODS HAVE BEEN SIGNED FOR ON RECEIPT AS DAMAGED, goods must returned before replacement or refund can be issued.
12d Cancelled Orders, should a customer wish to cancel their order prior to despatch, the customer will be responsible for all charges incurred by NN up to the point of cancellation which will include credit card charges and admin charges.
12e Any problems with seed germination must be reported within 30 days of receipt of order.
12f Once delivered any Nematodes product cannot be returned as it is a living product. Please check you have ordered the correct product before submitting your order.

SYSTEM FAILURE

13	The customer accepts that it is in the nature of that technology that from time to time problems occur, whether in relation to software or telecommunications or other matters that are not the fault of any party involved in contracts of sale concluded. In view of this the customer agrees that should any fault that is not as a result of any direct lack of care by NN, leads directly or indirectly to the failure by NN of the carrying out any contracts concluded on this site that the customer will not, in such circumstances, hold NN liable in any way for any loss or damage arising nor will seek specific performance of any such contracts.
14	The customer accepts that NN gives no warranty whatsoever that use of the service provided on this site, including engaging in email correspondence with NN and others and the downloading of files, will not expose the customer's hardware and/or software to computer viruses, or worms, Trojan horses or other code of a damaging nature.
15	NN accepts no responsibility for the content and functioning of other web sites which the customer may access through this site, nor does NN endorse the content of such other sites.

CUSTOMER'S WARRANTIES

16	The customer warrants to NN that the customer will not use this site for any purpose that is unlawful under the laws of any country binding on the customer, whether in respect of the nature of the items sought to purchase or otherwise, or prohibited by these Terms and Conditions.
17	The customer warrants that he or she will keep safe and secure and confidential all passwords and credit and debit card data used on the site and will fully and effectively indemnify NN against all loss or damage caused by any misuse of such passwords or data.
18	The customer warrants that he or she shall print out and retain, and make available to NN at all times, copies of all notices making or confirming any order transacted on this site including the 'eReceipt'.

GENERAL

19	For the avoidance of doubt, e-mail is considered to have been 'sent' when successfully remitted on to the Internet in a form or manner that does not prevent successful collection by the recipient.
20	NN gives no warranty, expressed or implied, that this site will function and be accessible at all times correctly as intended. The customer agrees that NN has no responsibility for any loss or damage of any nature, howsoever arising from the customer's use of the site and the service, or from the handling by the site of any data uploaded and or downloaded to or from the site by the customer and or NN.
21	The customer accepts that he or she will not hold NN, its officers, employees or agents or others acting under its name, responsible in any way for any loss or damage caused directly or indirectly by the items the subject of sale on this site nor seek cancellation of the contract or reimbursement of all monies paid for items save in accordance with rights of cancellation under the Consumer Protection (Distant Selling) Regulations 2000 nor hold responsible NN, its officers, employees, agents or others acting under their name for the quality of products or services.
22	Notwithstanding the above if any liability in law rests on NN, the customer agrees that NN can in no sense be responsible for any loss or damage consequential on any failings alleged in the product or service and will limit financial claim to recovery of the amount of the purchase price.
23	NN make no warranty that any statements or text within this site is accurate and accepts no liability for any lack of accuracy therein.
24	Any failure by NN to enforce any of its rights under agreements entered into under this site and the service provided hereon and these Terms and Conditions shall not be construed as a waiver of any of its rights herein.
25	At all times NN has full right and power to assign any of its rights and duties under all agreements entered into under this site and the service provided hereon to any other party at any time without notice to the customer.
26	The waiver by NN of a breach or default of any of the obligations hereunder by the customer shall not be construed as a waiver of any succeeding breach of the same or other obligations nor shall any delay or omission on the part of NN to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the customer
27	If any of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such Terms and Conditions shall not affect the other Terms and Conditions herein and all not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable Terms or Condition a valid or enforceable substitute which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable Terms or Condition.
28	You are responsible for ensuring that all details you provide to us for the purpose of booking, ordering, or purchasing goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of product, service or bid.
29	NN are entitled to refuse any order placed by you without giving any reason; this has been included due to the increase of credit card fraud on the Internet.
30	You are responsible for checking that the confirming notice correctly specifies your order and if it does not it is your responsibility to inform us of the discrepancy as soon as possible (If possible within 24hrs).
31	The web site will not stop you from ordering seeds or plants that are not suitable for the soil or climate where you live. If you make that kind of order, we won't give you a refund. All flower seeds are subject to availability. The seller reserves the right to substitute a seed if that seed is unobtainable with a seed of the same value or greater.
32	All Goods sent first class post within the UK, rest of the world by airmail small packet.
Additional charges for Customs Clearance, Customs or Import Duties, Import Permit, local taxes must be borne by you. Please contact your local customs office for further information. All seeds on this site are for importing into countries where it is permitted, you should check with local authorities that the seed you wish to purchase can be imported. Obtain necessary import documents and forward to me with your order, any charges I incur will be borne by the customer. I will not assume any responsibility for or be held liable for any seed/product that is confiscated or destroyed by customs or local authorities.
33	Prices are effective from 1st September 2004 until further notice. Owing to scarcities in supplies, I reserve the right to amend prices in the online catalogue where necessary without notice. This will be avoided as far as possible. The price in the catalogue at the time the order is placed is the price you will pay.
34	Diseases of plants can be transmitted by wind, animals, air, human agencies, can be seed borne or soil borne. I can therefore accept no responsibility for loss or damage in any way.
35	Seeds are not for human consumption and should at all times be kept away from children.
36	The information contained on this website is given as a guide only, seed descriptions and their use and yield are for information purposes, as variation in local or climatic conditions can render this information inaccurate. Customers should satisfy themselves that any seed that is ordered is satisfactory for their climatic conditions and order such seeds at their risk.

LIABILITY

37	NN 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.
38	NN 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 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, the high temperatures for germination, and the difficulty in germinating Hot Chilli Peppers, exotics, tree, palm, cycad and shrub seeds, and that herb and wildflower seeds are uncertified no guarantee is given whatsoever.
38a Orders outside the EU, I cannot be liable if any product is seized by customs or quarantine departments in your country.

COPYRIGHT

39	NN 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, 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.

APPLICABLE LAWS

40	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 NN and the customer and other parties arising in connection with such agreements or this site.

With that said should you have any problems please email me.
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