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Terms and Conditions

Terms & Conditions

By purchasing goods from www.himalayangarden.com you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this web site.

1. Definitions and interpretation

In these terms the following words have the following meanings.

Contract

The contract for the sale and purchase of the Goods;

Delivery Area

Only UK addresses, excluding the Channel Islands;

Goods

The range of plants and garden products (including any instalment of the goods or any parts for them) which are available for purchase from our website in accordance with the terms;

The Website

Our presence on the world wide web, currently accessible via the address www.himalayangarden.com

The Seller, we, or us

Countrywide Leisure Management, a partnership, trading as The Himalayan Garden & Sculpture Park (our registered address is The Hutts, Grewelthorpe, Ripon HG4 3DA. VAT Registration No. 442 7315 62)

2. Basis of the sale

1. An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our Website. The description of the Goods, the price and VAT costs are set out in the order page. We will confirm acceptance of your order on-screen.

2. We aim to give you a clear idea of the nature of the plants we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions other information as to particular plants are approximate and for guidance only. We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations.

3.Details of the order

1. The quantity, quality and description of the Goods will be those set out in your order (if accepted by us)

2.Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction.

3.The Goods which can be ordered via our Web Site are only available for a Click and Collect service. All mail order enquiries must be made by phone, to receive additional delivery quotations.

4.Price of the Goods

1.If the price of the Goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will of course have the option of cancelling the order.

2.Charges for delivery, packaging and insurance require individual quotations , please phone for further information.

3.All prices are inclusive of VAT where required. We reserve the right to adjust VAT in these prices if it changes.

5.Payment terms

1.We will charge your credit card account for payment upon receipt of order unless delivery cannot be fulfilled within 30 days. Items with a lead time greater than 30 days will be charged up to 7 days prior to dispatch. We accept no liability if a delivery is delayed because you did not give us the right payment details.

2.If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.

3.We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Website, unless this is solely due to our negligence.

6.Delivery

1.We will deliver the Goods to the address you specify for delivery in your order and in any event within 30 days after the day on which we accept your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.

2.We will aim to deliver within the quoted time frame but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.

3.If for any reason we are unable to deliver to you, we will contact you for further instructions and may charge you for further delivery costs and/or storage. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the contract.

7.Risk and ownership

1.Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.

2.You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

8.Returns/Options to cancel

 Please click here to see our Returns Policy. Please. Please click here to see our Cancellations Policy.

Warranties

1.We aim to provide high quality plants to our customers. Accordingly, we warrant that where the Goods are hardy plants, we warrant that they are covered by a 30 day guarantee. If the plant should die of natural causes within the 30 days, and after it has been delivered, we will replace it free of charge (although we will have to charge for delivery). We further undertake that they will be in good condition at the time of delivery and will be of the type ordered, or if that type is not available we will let you know by e mail and, if possible, suggest a suitable alternative which is available. If you do not want the alternative suggested, you will be entitled to order another plant or cancel your order, as you wish.

2.The availability, price and colour of plants we sell to you may vary according to seasonal and market availability. We will endeavour to confirm these details when we confirm your order for the plants or prior to delivery. If there have been any material variations, you will have the option of cancelling your order.

10.Liability

1.If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Goods within a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.

2.We shall not be liable to you for losses you suffer based on the estimated delivery date of an order should these items fail to be delivered within that time.

3.These terms and conditions do not affect your statutory rights as a consumer.

4.We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the Website up to date but the information and specifications given are for your information only and are subject to change without notice.

5.Great care has been taken to ensure that all plants are accurately described. Dimensions are approximate only. Great care has also been taken with all the images on this web site, however the actual colours you see will depend on your monitor and could vary from the actual product.

6.The content of the Website is directed solely at those who access the site from addresses within the Delivery Area.

7.We assume no responsibility for the contents of any other web sites to which this Web Site has links.

8.We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable including but not limited to any misrepresentation. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

9.We only supply the Goods for domestic and private use. If you use the Goods for any commercial business or re-sale purposes we will have no liability to you for any loss of profit, loss of business or loss of business opportunity.

11.Matters out of our control

We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.

12.Copyright

1.All of the written, photographic, design and audio content of the Website together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.

2.None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.

3.All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.

13.Privacy

Please read our customer Privacy Policy, which explains how we will use your personal information.

14.Changes

We reserve the right to make changes to this Website and these terms at any time.

15.Complaints

If you wish to complain about any aspect of our service, please email us at info@himalayangarden.com

16.General

1.Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and contact telephone number and tell us of any changes to them.

2.If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the other rights, or the same type of right on a later occasion.

3.To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

4.The headings in these terms are for convenience only and will not affect their interpretation.

5.We may transfer our rights and obligations under these terms to another organisation.

17.Governing law and jurisdiction

These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.

Privacy Policy

We respect your privacy and all personal information obtained through this website is kept secure in accordance with the Data Protection Act 1998. The information requested from you at the checkout is considered the minimum required to process your order efficiently. Your information will be held securely by The Himalayan Garden & Sculpture Park / The Hutts Foundation / Countrywide Leisure Management (and/or reputable third parties for processing and research purposes) to process your order, and/or maintain your account and/or for research purposes.

From time to time we would like to inform you of new products or special offers and also other news items. You will have the option at the checkout to opt in to these e-mails.

We may also like to send you catalogues or other items in the post, again you will have the option to opt in to receive these at the checkout.

We never make you data available to other companies for marketing purposes, other than for the marketing of The Himalayan Garden & Sculpture Park / The Hutts Foundation products and services.

Delivery – We currently offer a click and collect only service online. Please phone to enquire about a delivery by mail option.

1.All mail order enquiries to receive individual delivery quotations , please phone for further information.

2.Collection: 1 week notice required

We aim to ship all item listed as ‘In stock’ within 3-5 working days (exc. weekends and public holidays).

What happens when I place an order?

Once an order has been placed on the website, you will receive an email explaining

– What you have ordered

– How much you have paid

-When it will be available to collect

-Any gift message that you may have asked for

What areas do you deliver to?

We deliver to all UK mainland addresses. All offshore addresses are excluded eg. Isle of Man, the Scottish Isles.  Please phone for delivery costs.

Returns Policy

We guarantee only to send you top quality plants and will inspect everything carefully before it leaves us to make sure it’s in excellent condition. We also do our utmost to package and protect everything so that it doesn’t get damaged on its way.  However, if you do have a problem, here is what to do:

Contact Customer Services

Please either phone on 01765 658 009 (between 9 and 5, Monday to Friday) or email

info@himalayangarden.com otherwise write to: The Himalayan Garden & Sculpture Park The Hutts Grewelthorpe Ripon North Yorkshire HG4 3DA

For cancellations or complaints please call 01765 658 009 (between 9 and 5, Monday to Friday) or email info@himalayangarden.com

Incorrect Goods

If we sent you something you hadn’t ordered please contact us within 14 days informing us of the problem. You can return it within 28 working days unused in its original packaging for a full refund.

Damaged or Defective Plants

If you receive a plant that is in poor condition when you take it out of the box, contact us immediately. We will then ask you to send us a photograph so that there is no doubt as to its condition on arrival with you, as opposed to what it looks like by the time you return it to us.  Bear in mind that plants look different depending on what time of year it is.  If you choose a nice leafy-looking deciduous shrub in the winter, remember it’s going to turn up looking pretty bare.  It doesn’t mean there’s anything wrong with it, just that it’s out of season and will perk up when the weather does.  Perennial plants won’t even show above the soil level in a pot during the winter, but that doesn’t mean you’ve been sent a pot of soil.  However, provided that you have contacted us within 14 days of receiving the defective plant we will be happy to arrange for a refund or replacement once we have received the pictures and determined the cause of the problem.

Some conditions are completely beyond our control, for instance, we cannot be responsible for any airborne pests and diseases such as box blight, fungal leaf spot or aphids.

Cancellation

Under the Consumer Contracts Regulations 2013 you have the legal right to cancel your order within 14 working days of receipt of your order. To cancel an order, please contact us an e-mail at info@himalayangarden.com with details of the order you are cancelling or fill in the cancellation form at [weblink]. A charge may be made if the cancellation is done after the order or a part of the order has been dispatched.

30 Day Guarantee on Plants, shrubs, trees and perennials

All plants are guaranteed for a period of 30 days from purchase. If the plant fails in the specified 30 days, send us a picture of the plant along with your order reference number to info@himalayangarden.com. Once we have determined the cause of the problem we will endeavour to replace it or refund you.  This guarantee does not include any plants damaged due to lack of watering, improper or poor horticultural care.