Terms and conditions
By purchasing goods from crocus.co.uk 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.
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 mainland addresses within England, Wales, and parts of
Scotland. All offshore addresses are excluded eg: the Isle of Wight, the Isle of Man,
the Scottish Isles, Ireland and the Channel Isles.
Goods - the range of plants and garden products (including any installment of the
goods or any parts for them) which are available for purchase from our web site in
accordance with the terms;
the Web Site - our presence on the world wide web, currently accessible via the
address www.waitrosegarden.com and www.waitrose.com/garden)
the Seller, we, or us Crocus.co.uk
Basis of the sale
The agreement for us to sell you Goods is made on these terms when we accept
an order made by you via our Web Site. The description of the Goods, the price,
VAT, insurance and delivery costs are set out in the order page. We will confirm
acceptance of your order on-screen.
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.
Details of the order
The quantity, quality and description of the Goods will be those set out in your
order (if accepted by us).
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 card is authorised for the transaction.
The Goods which can be ordered via our Web Site are only available for
delivery to you if you are based in our Delivery Area.
Price of the Goods
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.
Our charges for transport, packaging and insurance are detailed on the order
page and will be included in the total price for the Goods.
Payment terms
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.
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.
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 Web Site, unless this is solely due to
our negligence.
Delivery
We will deliver the Goods to the address you specify for delivery in 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.
We will aim to deliver within the quoted time frame but delivery times are not
cause beyond our reasonable control, guaranteed. If delivery is delayed due to any we
will contact you to advise you that the delivery date will have to be extended.
Risk and ownership
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.
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.
Returns/Options to cancel
All returns must be made to Crocus. - please click here to read our Returns
Policy.
Cancellations. Please click here to read our Cancellation Policy.
Warranties
We aim to provide high quality plants and products to our customers.
Accordingly, we warrant that where the Goods are products and not already covered
by a manufacturer's guarantee, they will meet their specification and will be free from
defects in materials and workmanship at the time of delivery. Where the Goods are
hardy plants, we warrant that they are covered by a one year guarantee. If the plant
should die of natural causes up to one year after they have 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.
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.
Liability
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.
We shall not be liable to you in connection with any contract, in tort (including
negligence), contract or otherwise for any loss of profit, anticipated savings or data
that your business may suffer.
These terms and conditions do not affect your statutory rights as a consumer.
Changes to goods may be made at any time as part of our aim to continuously
improve the products.
We will use reasonable commercial endeavours to keep the Web Site up to date
but the information and specifications given are for your information only and are
subject to change without notice. Pictures on the Web Site are generally accurate but
variations in colour, shape and size must be expected.
The content of the Web Site is directed solely at those who access the site from
addresses within the Delivery Area.
We assume no responsibility for the contents of any other web sites to which
this Web Site has links.
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.
Copyright
All of the written, photographic, design and audio content of the Web Site
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.
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.
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.
Privacy
Please read our customer privacy policy, which explains how we will not pass
on your details to any third party. – link to Privacy policy
Changes
We reserve the right to make changes to this Web Site and these terms at any
time.
Complaints
If you wish to complain about any aspect of our service, please email us at
customerservices@waitrosegarden.com
General
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.
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.
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.
The headings in these terms are for convenience only and will not affect their
interpretation.
Governing law and jurisdiction
These terms will be governed by English law and any disputes will be resolved
exclusively by the English Courts.
Promotions
Unless otherwise stated, discount codes (including those offered/displayed by third
parties) cannot be used for purchases of cut flowers, gift vouchers and machinery
(which includes some heavy garden products) and do not apply to postage charges.
Partnership discount
Partnership discount will not be applied to sales through this website. John Lewis,
Waitrose and Crocus gift vouchers and old style John Lewis house account cards
cannot be accepted as a method of payment.
