By purchasing goods from greenshoots.uk.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. It is agreed that the terms set out here constitute the total agreement made between the parties and no variation or modification of this contract shall be effective unless agreed by both parties in writing. The Contractor The term 'Contractor' shall mean Green Shoots Gardening Ltd. The Contractor agrees to perform the work as summarised in the Estimate Document and detailed in the 'Terms and Conditions' document. All work will be carried out in a competent manner. The Client The term 'Client' shall mean the person or persons who have authorised the contract and normally be the Owners (or Owners' Agent) of the garden in which the works are to take place. Additional work Where additional work is requested outside the original quotation, it will be charged at the current standard rate on a person-hour basis unless otherwise agreed in writing. Force Majeure or Act of God The due performance of this Contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Expiry of Estimate Estimates are valid for 60 days from the submission date, after which period, the Contractor reserves the right to withdraw and submit a new Estimate. Deposit One-half of the total price is payable at least one week prior to the start of work, followed by agreed weekly stage payments. These payments are deducted in full from the quoted price, which then becomes payable upon completion of the works. Payment method Our preferred method of payment is by direct bank credit into an account which will be advised. Alternatively please make cheques payable to Green Shoots Gardening Ltd. Payment Payment is due upon satisfactory completion of the Contract. A surcharge of 3.0 per cent of the invoice amount per overdue month will be levied on all accounts not paid within 30 days of the invoice dated. Costs incurred collecting overdue accounts will be the responsibility of the Client. Materials All materials remain the property of the Contractor until full payment has been received and that all funds have cleared on any cheques used as payment or part-payment. Cancellation Cancellation of work not received within 5 working days of scheduled start of work will be subject to a charge of 15% of the quoted price. Complaints Any complaints should be raised by the Client with the Contractor, in writing, within 28 days of first becoming aware of the matter to be complained of and, in any event, within 28 days of completion of works. Ownership It is assumed that all areas specified are owned by the Client unless otherwise stated. Preparation Preparation is possibly the most important part of redesigning a garden. Usually, there is little or no impediment to this work, but occasionally unforeseen difficulties may be encountered which require the use of heavier tools and necessitate more hours than was budgeted for in the original estimate. The price estimated for this part of the work assumes that no such obstacles exist, but should the Contractor encounter any such difficulties, it may be necessary to add extra charges to reflect the additional work. Underground Services Although every care will be taken to avoid such services, unless the exact location of underground pipes, wires or cables is clearly marked on site, or detailed on a plan, prior to the formation of the Contract, the Contractor shall be under no liability for any damage through work performed under the Contract. Weather Completion of Contract can be dependent on weather conditions. Work operations delayed by poor weather conditions will be resumed as soon as conditions allow. Vandalism Damage through vandalism of part completed work whilst the Contractor is not on site will not be the responsibility of the Contractor. By sending monies to fund or part-fund the proposed project, the Client is deemed to have read and understood this contract and agrees to abide by the terms of agreement set out in it. The terms of this agreement cannot be changed unless agreed by both parties in writing. Definitions and interpretation for sales In these terms the following words have the following meanings. Contract the contract for the sale and purchase of the Goods; Delivery Area only addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles. 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 web site in accordance with the terms; the Web Site our presence on the world wide web, currently accessible via the address www.greenshoots.uk.com; the Seller, we, or us Green Shoots Gardening Limited (our Company number is 4582993 and our registered office is at 6 Elmsleigh Road, Twickenham, Middlesex, TW2 5EG). 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 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 or account 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 the Goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time. 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 Returns. 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. 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 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 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. 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 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. 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 enquiries@greenshoots.uk.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 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. Cut Flowers Due to their nature, the range of cut flowers on offer are subject to availability. In the event of supply difficulties, we will substitute flowers or packaging of equal quality and value.