Terms and Conditions

By using our website, placing an order for Products electronically you confirm your agreement to our terms and conditions.

Conditions

  1. An order for Products placed by you, the buyer through our website shall be subject to these terms and conditions
  2. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law
  3. Nothing in these terms and conditions shall affect the statutory rights of any consumer.

Orders

  1. All orders for Products shall be deemed to be an offer by you, the buyer, to purchase Products pursuant to these terms and conditions.
  2. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested have been entered correctly.
  3. Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it.
  4. Unless you cancel your order, acceptance of your order and completion of the contract will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Kent, England and the language of the contract is English.
  5. We are entitled to refuse any order placed by you and will not be required to provide an explanation.
  6. By placing your order you warrant that you are over 18 years old and that you have capacity to enter into this contract.

Products

  1. The Products may differ slightly from the images shown on the website. Without prejudice to the generality of the foregoing you accept that, without limitation, the colour tone, fabrication and visual aspects of the products of the Products may differ from the images displayed on the website. You accept that there may be differences in the actual appearance of the Products from the images on the website this is usually due to photographic technique and context.
  2. We reserve the right to substitute Products of a similar description and standard if the requested Products are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the product within 7 working days from the date of delivery, should the substituted product not be acceptable to you. Provided the conditions of clause 25 (below) are satisfied you will then receive a full refund for the returned substituted product.
  3. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Pricing Policy (Price and Payment)

  1. The price of the Products will be the prices quoted on the website at the date the order is received, delivery prices vary.
  2. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the Products to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials, costs of obtaining customs clearance or other certifications or other costs of manufacture).
  3. In the unlikely event of there being such an increase in the price of the Products you, the buyer, shall be entitled to cancel the order at any time before delivery.

Payment

  1. When we provide any Products to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form.
  2. By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided.
  3. Title to the Products will pass to you, the buyer, on payment in full of the price of the Products.
  4. We will issue you with an electronic receipt together with a dispatch notice by email once the transaction is completed and will send you a further email once the Product(s) have been dispatched.

Delivery

  1. The Products will be delivered to you, the buyer, at the address provided by you on the order form.
  2. The risk in the Products shall pass to you upon such delivery taking place.
  3. Any dates quoted for delivery of the Products are approximate only and we shall not be liable for any delay in delivery of the Products however caused. If however we are unable to deliver your Products by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place.
  4. We shall not be liable to you, the buyer, for incomplete delivery of the Products however caused but will provide you with the outstanding Products as soon as is reasonably practical. If however we have not delivered the outstanding Products within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding Products.

Returns

  1. At The Modern Nursery, we understand that sometimes a product is not quite right and that you may wish to have a refund or exchange.
  2. You have 14 days to return an item(s) from the day that you receive the item(s). We ask that you request your Returns Authorization (RA) number within 7 days of receiving your order by emailing info@themodernnursery.com. For more details please see “Returns and Exchanges”.

Your Warranty

  1. You, the buyer, warrant that all details provided on the order form/over the telephone for the purpose of purchasing the Products are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Products.

Limitation Of Liability

  1. We will use all reasonable endeavours to carry out it’s obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:

29.1.1 Act of God, explosion, flood, tempest, fire or accident;

30.1.2 War or threat of war, sabotage, civil disturbance or requisition;

31.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

32.1.4 Import or export regulations or embargoes;

33.1.5 Strikes, lock outs or other industrial actions or trade disputes;

34.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;

35.1.7 Power failure or breakdown in machinery.

If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.

  1. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the Products.
  2. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of Products other than as a result of a breach of an obligation arising under the Sale of Products Act 1979 (as amended) and the Supply of Products and Services Act 1973.

Website

  1. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
  2. All drawings, photographs, colours, components, descriptive matter and specifications of the Products on the website are for the sole purpose of giving an approximate description of the Products.
  3. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.

Intellectual property right and right to use

  1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied (or created) as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
  2. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only.43. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

General

  1. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.
  2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
  3. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
  4. The headings in this Agreement are for convenience only and will not affect their interpretation.

Queries and Complaints

  1. We aim to respond to e-mail queries within 72 hours.
  2. In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done. Any complaints should be emailed toinfo@themodernnursery.com