Terms & Conditions

FRIEND & GARDENER AGREEMENT
NOTICE TO PURCHASER: PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING “I ACCEPT” YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS TO BE ENTERED INTO BETWEEN YOU AND FRIEND & GARDENER (A TRADING NAME OF THE POTTING SHED LIMITED), MARKET PLACE, CASTLE CARY, SOMERSET BA7 7AL (“FRIEND & GARDENER”). PURCHASER AGREES TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PURCHASER AGREES THAT IT IS ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY PURCHASER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT CLICK “I ACCEPT” AND DO NOT CONTINUE TO PLACE AN ORDER ON THIS WEBSITE.

1. DEFINITIONS

“Basket” means the screen displayed on the Website which details the Goods, the Price and other relevant details including, without limitation, delivery and personalised message details.

“Delivery Hours” means 9:00 am to 5:30 pm Tuesday to Friday excluding Bank and Public Holidays (Saturday deliveries are available please phone for rates)
“Delivery Price” means the applicable rate for delivery displayed in the Basket and will depend on the weight of the goods and the day of delivery.
“Effective Date” means the date on which the Purchaser clicks “I Accept” to accept the terms and conditions of this Agreement.

“Goods” means one or more products available for purchase on the Website which the Purchaser purchases as detailed in the Basket, save always that no more than two (2) non-flower or plant gifts may be included with each order for flowers and/or plants.

“Order” means an order for Goods paid for by the Purchaser via the Website but not yet delivered.

“Price” means the purchase price displayed in the Basket, payable by the Purchaser for the Goods and Delivery Price.

“Purchaser” and “You” means the individual who enters into this Agreement and makes a purchase from Friend & Gardener using the website.

“Website” means the website at the url: www.friendandgardener.co.uk.

“Working Day” means a day during the Delivery Hours.

2. PURCHASE AND DELIVERY OF GOODS

2.1 Subject to receipt by Friend & Gardener of the Price, and Purchaser’s compliance with all the terms and conditions of this Agreement, Friend & Gardener shall use all reasonable endeavours to supply the Goods to the Purchaser in accordance with the details contained in the Basket.

2.2 In the event that Goods or part thereof are not available, Friend & Gardener may substitute such Goods with replacement goods providing that it shall use reasonable endeavours to replace the Goods with something similar in look, quality and price. Goods may be, at Friend & Gardener’s sole discretion, delivered in bud to ensure the longer life of the Goods.
2.3 Friend & Gardener shall engage a courier to deliver the Goods and shall use reasonable endeavours to procure that (i) where and Order is received no later than 1.00pm, the courier delivers the Goods on the next Working Day after the date on which the Order is placed; or (ii) where an Order is received after 1.00pm the courier delivers the Goods on the day after the next Working Day after the date on which the Order is placed. The time of delivery cannot be specified or guaranteed.
2.4 Deliveries will not be made to P.O. Box addresses or outside Delivery Hours.
2.5 In the event that a Purchaser places an Order and requests delivery to be made outside Delivery Hours, Friend & Gardener will make reasonable efforts to contact the Purchaser to agree an alternative date for delivery however in the event that Friend & Gardener is unable to do so, Friend & Gardener will use reasonable endeavours to deliver on the first Working Day either before or after the requested delivery date.
2.6 Any amendments and/or cancellation to an Order must be made two (2) Working Days prior to date of delivery using telephone number 0800 072 6550. In the event of a cancellation then providing such notice is given, the Purchaser shall be entitled to a refund of the Price.

3. PRICE
3.1 In consideration for the provision of the Goods, Purchaser shall pay Friend & Gardener the Price.
3.2 The Price is inclusive of VAT. On receipt of payment from the Purchaser, Friend & Gardener shall issue an electronic invoice in respect of the Price detailing, where appropriate the Value Added Tax paid.

3.3 In the event that the Price is not paid in accordance with the provisions herein, Friend & Gardener may deny the supply of the Goods to the Purchaser without notice.

4. PURCHASER’S OBLIGATIONS

4.1 Purchaser hereby undertakes
(i) to ensure that all details provided to Friend & Gardener including, without limitation, delivery details, post code and telephone number, are complete and accurate; and
(ii) in the event that delivery is to a hospital, that the ward name and/or room number are clearly stated

4.2 Friend & Gardener shall not be liable for any delay or failure to deliver the Goods which is a result of Purchaser failing to provide complete and accurate details.

5. TERM AND TERMINATION

5.1 This Agreement shall commence on the Effective Date and shall continue until the earlier of: (i) Delivery; or (ii) a refund being given pursuant to these terms and conditions.

6. LIABILITY

6.1 To the maximum extent permitted by law, Friend & Gardener shall not be liable for any loss, injury or damage caused in whole or part by, or resulting from any failure, delay, interruption or otherwise of the provision of the Goods

6.2 Purchaser’s sole remedy with respect to any claims arising out of this Agreement shall be limited to a refund of the Price.

6.3 In no event shall Friend & Gardener be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or Goods by Purchaser even if advised of the possibility of such damages.

6.4 Purchaser hereby acknowledges and agrees that due to the perishable nature of the Goods, all flowers and plants are non-returnable.

7. GENERAL

7.1 Subscriber shall not assign this Agreement, in whole or in part, without the written consent of Friend & Gardener.

7.2 This Agreement and its performance shall be governed by and construed in accordance with and the parties hereby submit to the exclusive jurisdiction of the laws of England and Wales.

7.3 If any provision of this Agreement or the Goods thereof is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law.

7.4 Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of this Agreement.

7.5 Friend & Gardener will not be responsible for delays resulting from circumstances beyond its reasonable control including courier and/or postal services.

7.6 This Agreement (i) constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorised representative of each party. No purchase order and/or standard terms of purchase provided by Subscriber shall supercede this Agreement.

7.7 Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Friend & Gardener and such third parties shall not be entitled to enforce any term of this Agreement against Friend & Gardener.

If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact Potting Shed Limited using the following contact details:

Website: www.friendandgardener.co.uk
Email: enquiries@friendandgardener.co.uk
Address: Friend & Gardener, Market Place, Castle Cary, Somerset, BA7 7AL
Freephone: 0800 072 6550