- These terms and conditions shall govern the sale and purchase of products through our website.
- You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
- This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
- In these terms and conditions:
- “we” means Craigend Nursery & Coffee Shop Ltd; and
- “you” means our customer or prospective customer,
- The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
- No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
- To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
- You will have the opportunity to identify and correct input errors prior to making your order.
- We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
- Our prices are quoted on our website.
- We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
- All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
- In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
- You must, during the checkout process, pay the prices of the products you order.
- Payments may be made by any of the permitted methods specified on our website from time to time.
- Our policies and procedures relating to the delivery of products are set out in this Section 7.
- We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
- We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
- We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.
- We will only deliver products to addresses in our local surrounding areas..
Distance contracts: cancellation right
- This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
- You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
- beginning upon the submission of your offer; and
- ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).
- In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
- If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to Craigend Nursery & Coffee Shop Ltd) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
- If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
- if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
- as otherwise provided in this Section 8.
- If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
- We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
- Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
- You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:
- the supply of goods which are liable to deteriorate or expire rapidly;
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or
- the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
Risk and ownership
- The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
- Ownership of a product that you purchase from us will pass to you upon the later of:
- delivery of the product; and
- receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
- Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
- If you are business customer, then until ownership of a product has passed to you:
- you must store the product separately from other goods; and
- you must ensure that the product is clearly identifiable as belonging to us.
Warranties and representations
- We warrant to you that:
- we have the right to sell the products that you buy;
- the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
- you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
- the products you buy will correspond to any description published on our website; and
- the products you buy will be of satisfactory quality.
- All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
Limitations and exclusions of liability
- Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law,
- The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
- are subject to Section 11.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
- £600; and
- the total amount paid and payable to us under the contract.
- We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
- you fail to pay, on time and in full, any amount due to us under that contract; or
- you commit any breach of that contract.
- You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.
- If you are a business customer and subject to applicable law, we may cancel a contract under these terms and conditions by written notice to you if:
- you cease to trade;
- you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
- a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
- the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
- any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
- We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
Consequences of order cancellation
- If a contract under these terms and conditions is cancelled in accordance with Section 12:
- we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
- you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
- all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 9, 11, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.
- We may revise these terms and conditions from time to time by publishing a new version on our website.
- A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
- No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
- A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Subject to Section 11.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
Law and jurisdiction
- These terms and conditions shall be governed by and construed in accordance with Scottish Law.
- Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
Statutory and regulatory disclosures
- We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
- These terms and conditions are available in the English language only.
- Our VAT number is 261035202.
- This website is owned and operated by Craigend Nursery & Coffee Shop Ltd.
- Our principal place of business is at Myvot Road, Condorrat, Cumbernauld, G67 4HD.
- You can contact us:
- by post, to the postal address given above;
- by telephone, on the contact number published on our website; or
- by email, using the email address published on our website.