Terms and Conditions
Terms and Conditions
1.1 The bostonseeds.com website is owned and operated by Andrew J Wallis Limited ("we"/"us") for the provision of information about our products and the sale of our products.
1.2 These terms and conditions apply to all and any use of our website. If you do not accept these terms and conditions please do not use our website and leave now. By clicking on the shopping cart the customer accepts these terms and conditions.
1.3 Since we are principally aiming our website at the UK market, we cannot guarantee that our website accords with local laws of any other countries. You are therefore responsible for compliance with the laws of your jurisdiction.
2. Intellectual Property Rights and Use of Title
2.1 We do not give you any right or interest in any copyright or other intellectual property rights in any text, images, tables, compilations or other copyright protected works featured on our website nor do we give you right to reproduce the same.
2.2 We do not give you any right or interest in any product that you purchase nor do we give you right to reproduce the same.
2.3 You may view and access our website for private and personal, non-commercial use only. The copyright in all software and content is owned by or licensed to us, unless otherwise specified and may not be used, replicated, copied, modified, distributed, adapted, printed or downloaded without our express consent.
2.4 Copyright and design rights extend to the design, look and feel of our website, all photographs and text appearing on it and any promotional material.
2.5 We, our website and our logos are our trade names and/or trade marks and may not be used by anyone else without our express permission. We have registered trade marks in several marks appearing on the website and we are also the owners of unregistered trade mark rights in any such marks.
2.6 We do not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured on our website belong to their respective third party owners.
3. Price and Delivery
3.1 All prices featured on the website include VAT where applicable.
3.2 Outside of the UK delivery charges will be calculated on a product-by-product basis. We reserve our right not to deliver to places outside the UK and will notify you accordingly.
3.3 Please order from us with enough lead-time to prevent any loss or disappointment resulting from the delivery time as we cannot be responsible for ensuring adherence to such lead-time.
3.4 If your order will not be delivered within the timeframe specified at when we accept your order we will notify you and try to rectify the situation as quickly as practically possible.
3.5 We will not be responsible for any loss or damage whatsoever caused through its inability or delay in fulfilling any order in its control. In the event of such inability or delay, we have the option after a reasonable period of time to cancel the contract wholly or in part without incurring liability whatsoever.
3.6 Dates and indications for delivery is approximate shall not be the essence of the contract unless expressly agreed and confirmed at the time of order.
3.7 All new orders are deemed separate and each is treated individually.
3.8 Please note that we cannot accept refunds in respect of personalised goods or goods which by reason of their nature cannot be returned or goods which deteriorate or expire rapidly.
3.9 Please allow 5 to 7 days for UK standard delivery. Other delivery periods may be specified in the product category or on individual items. Customers outside mainland UK will be advised of likely delivery period.
4. Making a purchase
4.1 When you order a product from our website you are offering to buy it for the price stated, subject to these terms and conditions.
4.2 Placing of orders will be confirmed by email. We will then check availability of the requested product and contact you with a further email to confirm or withhold our acceptance of your order. If the product is available and the details of your order are correct, our second email will be deemed an acceptance of your offer and will specify delivery details and confirm the price of the product purchased. If the product is not available we will also let you know by email.
4.3 We will try to keep our website as up to date as reasonably possible but cannot guarantee that particular products will always be available. If we cannot supply the requested product you will not be charged for it and we will refund or re-credit your account with any amount that we might have debited.
4.4 We will ask for and store your order and delivery details including your address and may automatically insert certain information on your order form so that you can order and purchase products from our website with the minimum amount of form filling.
4.5 We may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of any product at any time at our sole discretion.
5.1 We allow orders to be processed online, or over the phone, using a credit or debit card, currently VISA, MasterCard, Eurocard, Delta, VISA Electron, Switch/Solo and Maestro). We may accept cash, cheque or money order payment but the acceptance of such payment is always at our sole discretion.
5.2 Your credit card company may do an additional security check to confirm it is you who is making the purchase.
5.3 All orders and invoices will be sent to the credit or debit card billing address and not the shipping or delivery address where the two addresses differ.
5.4 All information that you supply to us whilst placing an order via the website is encrypted prior to transmission to protect your details and your privacy.
5.5 We may use a third party to process the payment on our behalf.
6.1 We try to package products ordered as well as possible to ensure that the products arrive undamaged. However, if a product arrives which is damaged or has defects, we will replace it whenever possible free of charge or alternatively provide you a full refund if you return the product to us at our address below. We will try to attend to all returns as soon as practically possible. This does not affect your statutory rights.
6.2 Our policy is to ensure that you are satisfied every time you place an order on our website. If you are unhappy with a product when you receive it please return it with the despatch note, unused, for a full refund within fourteen working days of the receipt. You do not have to give a reason when returning a product. We will refund your credit card after we have inspected the returned product and are satisfied that the product in question has been returned in the condition it was in when delivered to you.
6.3 All online, mail and telephone orders may be cancelled within within fourteen working days from day you receive your item/s.
We reserve the right not to refund the cost of delivery associated with the purchase of the product if the product has been dispatched, or fund the cost of returning any/all items of correct orders which have been accepted, signed for and subsequently cancelled.
7. Guarantees and Liability
7.1 We have used our best efforts to ensure that all information on our website is correct but make no guarantee and accept no liability as to the correctness of any such information. Use of any information will be entirely at your own risk.
7.2 We have tried to make the descriptions (including visuals) of all products as accurate as possible. However, some products may differ slightly from those featured on our website. We will insure any product ordered by you on its retail value whilst in transit to you. Please check the delivered product as soon as possible on receipt as we will not cover any subsequent loss or destruction.
7.3 We will not be held liable for any delays, inaccuracies or omissions bostonseeds.co.uk may contain. We, nor any of its directors or employees, will be liable for damages arising out of, or, in connection with, the use of this web site. This is a comprehensive limitation of liability that applies to all damages, of any kind, except that We do not limit it's liability for death or personal injury to the extent only that it arises as a result of the negligence of directors, employees or other representatives.
7.4 It is the customer’s responsibility to ensure that the goods purchased are fit for the purpose for which they are intended and they cannot rely on us or our employees.
7.5 Limitation of liability by us shall be limited to the sales contract price and this is reflected in the price of the goods, which would be greater if a more extensive liability were required to be undertaken by us. This limitation of liability shall apply for any indirect or consequential loss or damage, loss of profit, loss of business, loss of revenue, depletion of goodwill or any claims for consequential compensation whatsoever.
7.6 We give no endorsement to and will have no liability in respect of any other website or page on the internet accessible from our website
7.7 Except as provided above we give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law, subject to your statutory and common law consumer rights which remain in full force and effect.
7.8 Our website and all transactions, and, these terms and conditions are governed in all respects by the laws of England and any disputes must be brought in English Courts.
The postal address of bostonseeds.co.uk is Laburnum House, Main Road, Langrick, Boston, Lincs. PE22 7AN. Company registration: England and Wales 4226773. Defra registered seed merchant 7130.
You may also contact us by email firstname.lastname@example.org or by telephoning us during office hours at +44 (0)1205 280069
© Andrew J Wallis Ltd 2008