Terms & Conditions
All orders are placed with Evergreen Direct which is a trading name for the business named Evergreen Trees & Shrubs Limited, (Larchwood House, Cropton, Pickering, North Yorkshire YO18 8ER)
These terms and conditions will apply to all sales of products supplied by Evergreen Direct to our customers.
In these terms, except where the context indicates otherwise, the following phrases will have the following meanings:
‘Goods’ means the products which we are selling to you as outlined in the Order.
‘Order’ means a document whether in hard copy or electronic form produced by us setting out the goods we are to supply to you under these terms.
‘Unexpected Event’ shall have the meaning given to it in clause 12.
‘Working Day’ means any day except Saturdays, Sundays and bank and public holidays.
‘We’ and ‘Us’ and related expressions mean Evergreen Direct as detailed above.
‘You’ and ‘Your’ and related expressions means the person to whom the order is addressed.
‘Consumer’ means any person who, in buying goods is acting for purposes that are outside their business.
‘Special orders’ means any goods which are made to your specification, non-stocked items which are ordered specifically for your order, or items which have been customised. These items include all hand built trees, artificial hedges, and items where you have chosen to add a pot.
2. Basis of Contract
2.1 These terms, the order, are considered by us to set out the whole agreement between you and us for the sale of the goods. Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract. Please ensure you read and understand these terms before confirming the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.4.
2.2 If any terms are inconsistent with the terms of the order, the order shall prevail.
2.3 The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 These terms shall be binding upon you and us when we notify you with a written acceptance of an order (whether in hard copy or electronic form), at which point a contract shall come into existence between us.
2.5 We have the right to revise and amend these terms from time to time to reflect change in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of any systems operated by us. You will be subject to the policies and terms in force at the time that a binding contract comes into existence in accordance with clause 2.4; unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. Cancellation/Cooling Off and Order Amendments – Only applicable to Distance Sales. In compliance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
3.1 With the exception of ‘special’ orders, you may amend your order with us at any time before the packing date. Please contact us for assistance to amend any orders. Order amendments notified to us after the scheduling date may delay the previously agreed delivery date and time. We will endeavour to amend your order in time for despatch as previously agreed; however should there be insufficient time we will make contact with you to re-arrange a later delivery date.
3.2 With the exception of ‘special’ orders you may cancel your order with us at any time between the date we accept your order and 14 working days after the goods were received by you. Please see our returns policy in section 11. Please contact us via email or telephone if you wish to cancel you order and we will assist you in this process. If you cancel your order, you shall have no further claim against us under that contract.
3.3 If you exercise your rights to cancel or amend your order, any refunds due will be refunded within 14 days. You as the buyer will be liable for the return costs.
4. The Goods
4.1 We warrant that on delivery the goods shall:
4.1.1 Comply in all material respects with their description on the order;
4.1.2 Be of satisfactory quality;
4.1.3 Be fit for the purpose we say the goods are fit for or for any reasonable purpose for which you use the goods;
4.1.4 Be free from any material defects in design, material or workmanship; and
4.1.5 Comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.
4.2 The warranties set out in clause 4 are in addition to your legal rights in relation to goods which are faulty or which do not otherwise conform with these terms. Advice about your legal rights is available from Citizens’ Advice Bureau 0345 4040506.
4.3 This warranty does not apply to any defect in the goods arising from:
4.3.1 Fair wear and tear, wilful damage, accident or negligence by you or any third party;
4.3.2 Use of the goods in a way that we do not recommend;
4.3.3 Your failure to follow instruction (including instructions about use, cleaning and servicing of the goods) which we have provided to you; or
4.3.4 Any alteration or repair you carry out without prior written approval.
5. Price and Payment
5.1 The price of goods shall be the price in force at the time you confirm your order. We reserve the right to update our prices from time to time without providing specific notice to you.
5.2 Estimates for goods are given on the basis that a binding contract shall only come into existence in accordance with clause 2.4. The estimate is valid for 30 days from date of issue (unless otherwise stated); unless we notify you that we have withdrawn it during this period.
5.3 The price includes VAT (unless otherwise stated). VAT will be charged at the rate applied at the point of purchase.
5.4 The price of goods excludes delivery (unless otherwise stated). The cost of delivery shall be as specified in the order.
5.5 Payment of all goods must be made in advance by cash, BACS payment, credit or debit cards. We accept payment with Visa, American Express, and Mastercard, payment cards or Paypal.
6.1 The goods will be delivered to your delivery address specified on the order.
6.2 Delivery of the order shall be complete when we deliver the goods to you.
6.3 If we are not able to deliver the whole of the order at one time for any reason including operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
6.4 We will take reasonable steps to meet the delivery estimate set out on the order (or as otherwise agreed between us in writing). However, occasionally delivery may be affected by factors which we do not control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery with you. We shall have no liability for late delivery except where time has been made the essence of the contract and agreed by both parties in writing at the time of ordering.
6.5 Please advise us if access to the delivery address will be difficult for an 8ft 6in wide, 30ft long high-sided vehicle.
6.6 Deliveries will be made to you by a third party carrier who offer a curb side delivery service.This means the driver is obliged to off load your order from vehicle to the roadside that borders your premises. This service does not include set up or assembly or removal of packaging. For this reason it is advised you organise help to move items into your premises.
6.7 We may decline to deliver the goods if:
6.7.1 We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
6.7.2 The premises (or access to them) are unsuitable for the delivery vehicles we use.
6.8 If you fail to take delivery of the order, then, except where this failure is caused by a failure by us to comply with these Terms:
6.8.1 We will store the goods until delivery takes place and may charge you a reasonable sum to cover expenses; and 6.8.2 We shall have no liability for late delivery.
6.9 Once received, please sign for good as unchecked or damaged if you are not able to thoroughly inspect the goods at point of delivery. We reserve the right to refuse claims for damaged goods if they have been signed for in good condition. Check all goods within 5 working days of delivery. We reserve the right to refuse claims for damaged or missing goods made after this time unless a longer period of time has been previously agreed in writing.
6.10 We strongly advise you to arrange delivery at least 10 working days in advance of any installation work to allow sufficient time to check your order and to allow any natural materials to acclimatise; or to rectify any incorrect, delayed, damaged or postponed deliveries (for whatever reason). This will allow sufficient time to postpone your installation if necessary; we cannot accept responsibility for lost working time in any eventuality.
6.11 Free delivery only applies to orders being delivered to a mainland UK postcode. Website orders (over £150) are entitled to free delivery and therefore quotations and orders made via email or telephone may not always reflect the free delivery offer. Delivery of special orders are not included in the free delivery offer. The free delivery that is offered is our standard service and therefore if an upgraded delivery is required a surcharge may be applicable to cover the additional cost of this service.
7.1 Installation constitutes acceptance of the product.
8. Risk and Title
8.1 Ownership of the goods will only pass to you when we receive payment in full of all sums due for the goods, including delivery charges.
8.2 Whilst ownership of the goods passes to you once full payment is made, the goods will be fully insured by us whilst in our storage awaiting delivery. Our insurance cover will cease on delivery of order in accordance with Clause 6.2.
9. Limitations of Liability
9.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
9.2 Neither you nor we shall be responsible for losses that result from our own failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
9.2.1 Loss of income or revenue;
9.2.2 Loss of business;
9.2.3 Loss of anticipated savings;
9.2.4 Loss of data; or
9.2.5 Any wasted time or labour costs.
9.3 Neither of us will exclude nor limit in any way our liability for:
9.3.1 Death or personal injury caused by our negligence; or
9.3.2 Fraud or fraudulent misrepresentation; or
9.3.3 Any breach of the obligations implied under section 12 of the Sale of Goods Act 1979; or
9.3.4 Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
9.3.5 Any other matter for which it would be illegal or unlawful for either you or us to exclude to attempt to exclude our liability.
10. Waiver and Variations
If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver or variation of these Terms shall be effective unless we explicitly state that it is a waiver and we tell you so in writing.
11. Return of Goods (excluding special order items) Distance sales only.
11.1 The following items returned in good condition to us within 14 days of purchase will be refunded in full with proof of purchase
11.2 Should you wish to return an order following delivery you may do so by informing us within 14 working days of receipt of delivery. Goods must be returned to us and we ask that you take reasonable care when handling the goods and return the goods to us, unused and in their original packaging.
11.2.1 Please confirm your intent to return the order by calling Customer Services on (01751417776) or emailing us (firstname.lastname@example.org) within 14 working days of receipt. We will confirm with you a returns address and send a returns slip for your package.
11.2.2 The cost of returning the goods once delivered is at your own cost and risk;
11.2.3 We are not responsible for any loss or damage to any returned goods in transit and as such, we recommend that you return the goods through a recorded delivery service.
11.2.4 When returning goods please carefully package the goods together with your returns reference.
11.2.5 If returned goods are lost or damaged in transit, we reserve the right to charge you for any loss or damage.
11.3 In the unlikely event that the goods do not conform to these Terms, please let us know as soon as possible by contacting Customer Services on (01751 417776)
11.4 We will, at our option:
11.4.1 Inspect the goods at your premises;
11.4.2 Collect the goods on a date agreed between you and us; or
11.4.3 Ask you to return the goods to us.
11.5 If the goods are found by us to be defective, and we have asked you to return the goods to us at your cost we will reimburse you for third party delivery costs involved in the return.
11.6 If you exercise your right to return your order, any refunds due will be refunded within 30 days.
12. Unexpected Event
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an ‘Unexpected Event’).
12.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
12.3 The obligations we have under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the obligations we have under these Terms can be performed despite the Unexpected Event.
13. Trade Customers
These terms and conditions only apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please refer to our trade terms and conditions.
14.1 English Law is applicable to any contract made under these Terms. The English and Welsh courts have nonexclusive jurisdiction.
14.2 If any of these Terms are unenforceable as drafted:
14.2.1 It will not affect the enforceability of any other of these Terms; and
14.2.2 If it would be enforceable if amended, it will be treated as so amended.
14.3 All notices sent by you to us must be sent to the registered office above. We may give notice to you at either the e-mail or postal address you provide to us in the order. Notice will be deemed received and properly served twenty four (24) hours after an e-mail is sent or two (2) Working Days after the date of posting of any letter.
14.4 Except as explicitly set out in these Terms, no contract will create any right enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person not a party to it.
Your statutory rights are not affected by these Trading Terms
Company registration no: 4529657
Vat Registration No: 804718043