Coblands Terms and Conditions
By purchasing goods from coblands.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 website.
Definitions and Interpretation
In these terms the following words have the following meanings.
The contract for the sale and purchase of the 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 website in accordance with the terms;
Our presence on the world wide web, currently accessible via the address www.coblands.co.uk;
The Seller, We, Or Us
coblands.co.uk is a trading name for Coblands Nurseries (Coblands Nurseries is a trading name of Glendale Horticulture Ltd. Registered office: Parkwood House, Cuerden Park, Berkeley Drive, Bamber Bridge, Preston PR5 6BY. Registered in England, number 989758. VAT number 187 7818 44).
Basis Of The Sale
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, 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 or account card is authorised for the transaction.
Amendments and Cancelled Orders
Any changes or cancellations of stocked items must be notified no less than 3 working days before the agreed delivery/collection date. Late notification will result in a restocking fee (typically 30% of the item's invoice value).
Where we have highlighted any items that have been purchased on your behalf we must be notified within 24 hours of issuing the sales order confirmation of any changes or cancellations. Items sourced from other growers on your behalf that we are unable to cancel may be charged for at 100% of the item's invoice value.
Customers collecting their plants late will be subject to a maintenance charge of 5% for each week or part week that the collection is delayed.
If the planned collection date is subject to delays this may impact the nursery by:
a) creating a demand for additional care and maintenance of the plants:
b) causing plants excessive stress in their existing container size or format potentially leading to decline in plant health (with longer delays these may require re-potting); or
c) causing plants to occupy space on the nursery required for a future crop.
It is essential that any changes to your programme are communicated to us as soon as possible in order for us to manage and minimise these issues. If the order is delayed by more than 1 month from the planned collection date we may need to charge an ongoing maintenance fee (i.e. to keep the plants healthy, watered and fed) at 5% of the plant's sales cost per month or part month of over run.
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 email 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
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.
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 manufacturers guarantee, they will meet their specification and will be free from defects in materials and workmanship at the time of 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 email 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.
The Company does not refund products that are surplus to customer requirements. Customers/clients should check all measurements, calculations and specifications before deciding on their purchases.
We accept unlimited liability for death or personal injury caused by our negligence.
If you have a valid claim in respect of any of goods which are 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. We shall, however, be liable for losses that you suffer as a result of our breach of contract and that could have been contemplated by both you and us at the time the contract is concluded.
These terms and conditions do not affect your statutory rights as a consumer.
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. Pictures on the website are generally accurate but variations in colour, shape and size must be expected.
The content of the website 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 websites to which this website 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.
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.
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 trademark of ours or another person or corporation. Any unauthorised use of a trademark is unlawful.
We reserve the right to make changes to this website and these terms at any time.
If you wish to complain about any aspect of our service, please email us at firstname.lastname@example.org
Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid email address and tell us of any changes to it.
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.