**LAST ORDERS BEFORE BANK HOLIDAY WEEKEND: THURS 23RD MAY AT 11AM ** ANY ORDERS PLACED AFTER THIS TIME WON'T BE PROCESSED UNTIL TUES 28TH**

Terms & Conditions

Welcome to Westland Nurseries (Offenham) Ltd.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Westland Nurseries (Offenham) Ltd.’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Westland Nurseries (Offenham) Ltd.’ or ‘Westlands’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is:

Westland Nurseries (Offenham) Ltd.

Station Road

Offenham

Evesham

Worcs

WR11 8LW

Our company registration number is 01843037 and is registered in England & Wales. Our VAT number is 419191645.

Tel: 01386 41436 (8am to 4pm)

Email: shop@westlandsuk.co.uk

The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, personal information may be stored by us.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • 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.

INTELLECTUAL PROPERTY RIGHTS

This website and its content are copyright of Westland Nurseries (Offenham) Ltd. – © Westland Nurseries (Offenham) Ltd. 2019. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Westland Nurseries (Offenham) Ltd. and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Westland Nurseries (Offenham) Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Westland Nurseries (Offenham) Ltd. takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

YOUR ACCOUNT

When ordering from the website, you can do so as a guest or register an account for future orders. To sign up, you need to provide your full name, a valid email address, the delivery address and a contact telephone number. When registering for an account, you warrant that to the best of your knowledge that all information you provide is true and accurate. It is your responsibility to ensure the information is kept up to date. You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you suspect or have become aware of any unauthorised access or use of your account.

ORDERING AND AVAILABILITY

Orders placed on a weekend or bank holiday will be processed on the next working. Orders received after 11:00 will be processed the next working day.

On the rare occasion we may have a crop failure or items may be temporarily out of stock, this will be indicated by product at the ordering stage on the website. In very extreme circumstances, products may not be available at the point of packing, perhaps following an assessment for quality and therefore cannot be supplied. We will notify you as soon as possible, whether you want to change the item or hold off sending the order until said item becomes available. If you ask us to send the said item separately there will be an extra delivery cost to you the buyer. We will not send substitutes if a product is not available

PRICE

The price of any products will be as quoted on our site, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation. Prices stated include VAT, if applicable.

Dependent on the product, punnets are priced by weight or count. The weight you receive may vary from that indicated on the website and the price you are charged will be for the weight of product as delivered.

Delivery is charged separately and is stated at the time of ordering. The delivery charge includes VAT.

PLACING AN ORDER AND PAYMENT

Follow the steps below:

  1. Choose products by clicking ‘Add to Trolley’
  2. Click Trolley icon to proceed to ‘Review your order’
  3. Check order details and amend quantities, then click ‘Update Trolley’ (if applicable)
  4. Click ‘Proceed to Checkout’
  5. Returning registered customers, click to login (if required); or fill in your details
  6. Tick box to ‘create an account’ to save details
  7. Select if you would like to receive offers and news from Westlands
  8. Payments can be made via PayPal or Stripe
  9. Once the transaction has been successful, this will be confirmed via the website and you will receive a confirmation email
  10. You will then receive a follow-on email once your order has been shipped

Paypal

Payment is made via PayPal payment gateway. You can also pay with your debit or credit card as a Paypal guest, you do not need a Paypal account. Payments are subject to the PayPal legal agreements.

  1. Click payment method as PayPal
  2. You are transferred to PayPal payment gateway
  3. If you have a PayPal account fill in your email and PayPal password
  4. If you don’t have a PayPal account, click on Don’t have a PayPal account? Pay with your debit or credit card as a PayPal guest.
  5. Payments are then processed by PayPal

Stripe

Alternatively debit or credit card payments can be processed by Stripe Payment Processing Services for Westlands on westlandsuk.co.uk, are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the ‘Stripe Services Agreement’). By agreeing to these terms or continuing to operate as a customer on westlandsuk.co.uk, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of westlandsuk.co.uk enabling payment processing services through Stripe, you agree to provide westlandsuk.co.uk accurate and complete information about you and your business, and you authorise www.westlandsuk.co.uk to share it and transaction information related to your use of the payment processing services provided by Stripe.

CANCELLATION POLICY

Once your order has been accepted and confirmed you have entered into a contract to buy the products from us. However, you can cancel an order up to 11am on the day of despatch.

We reserve the right to terminate or restrict your use of our service, for any or no reason. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and could be without notice.

DELIVERY

Deliveries can only be made to addresses within the United Kingdom, excluding PO Box addresses. Prices are liable to change at any time but will not affect orders in respect of which we have already sent you an order confirmation.

Deliveries will be made by DPD couriers. We reserve the right to use an alternative delivery method without prior notification.

The actual delivery date may vary depending on stock availability, the location of the delivery address, the time you place your order and circumstances that may impact delivery by the courier.

You will not hold us responsible for any delays, outside our control, which relate to your delivery. It is your responsibility to report all lost or undelivered orders. If you change your address, you must ensure you update your address details before completing the order.

Any extra delivery information must be stated when you place your order i.e. a designated safe drop off point. We accept no responsibility for loss or damage to parcels that have been left in your designated safe place or if you have entered a wrong address for delivery.

If you are not in when the courier tries to deliver your parcel and you have not specified ‘a safe space’ to leave the parcel, they will leave a card advising for re-delivery or where you can collect it from. A signature will usually be required upon delivery. Each separate order/split order will have a delivery charge.

Our delivery times are as follows (updated 20/08/20):

Express delivery can be up to 48 hours
Express delivery for Mon-Thurs – if you order before 11am you will get it within 48 hours
Thursday after 11am and Friday will not be dispatched until the following Monday
We do not offer Saturday express deliveries

RETURNS POLICY

If you are dissatisfied or unhappy with any products you have received from us, please contact us on shop@westlandsuk.co.uk.

We may ask for photographic evidence of product quality deterioration or if it has been damaged upon delivery.

We retain the right to request that any faulty goods are returned by recorded delivery for inspection. If requested, we will pay for the cost of recorded delivery on provision of the postage receipt.  If agreed, a full refund will be given for the returned goods. This does not affect your legal rights. If you change your mind once the product has been delivered, no refund will be given.

DATA PROTECTION & PRIVACY

We value customer privacy, working on a non-disclosure basis, and do not pass on client information to third parties (except for the needs of product delivery). In order to process an order, we have to collect your name, address, e-mail address, telephone number.

If you have ticked that you would like to receive information on offers and news about Westlands but have then changed your mind, please email shop@westlandsuk.co.uk

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

Strikes, lock-outs or other industrial action.

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Impossibility of the use of public or private telecommunications networks.

The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

Or, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract.

SEVERABILITY

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

OUR RIGHT TO VARY THESE TERMS & CONDITIONS

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in production, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the despatch confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

LAW & JURISDICTION

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

These terms and conditions do not affect your statutory rights.

Only persons aged eighteen years or over may agree to these terms and use the web site or the services offered through the web site.

CUSTOMER SATISFACTION

Please contact us regarding any feedback regarding our website or products. This information will be used to improve our services and further develop our product range.

Any questions on the terms and conditions please contact us via shop@westlandsuk.co.uk.