These Terms and Conditions govern your use of the website accessed through www.garden-roses.co.uk (the “Website”) and any orders you place through the Website.
Please read the Terms and Conditions carefully as they affect your liabilities under the law. By using the Website, you are deemed to accept the Terms and Conditions and, before proceeding with an order, you will be required to show that you have read and understood them by ticking the “I have read and understood and accept” box before you are allowed to complete your order. Please note that you will be required to do this each and every time you place an order through the Website. If you do not agree to these Terms and Conditions, please do not register for use or use the Website. Please note that to purchase goods from the Website or to use or access certain areas of the Website, you will be required to register as an authorised user of the Website.
1. Ownership and Intellectual Property
1.1 The Website is owned and operated by us, Pococks Roses. We are not registered for VAT but for Farmers Flat Rate Scheme. Our registered office is Pococks Roses, Jermyns Lane, Romsey, Hampshire, SO51 0QA.
1.2 The copyright and all other intellectual property rights in and to the Website and any and/or all of the material on the Website are either owned by us or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of each piece of material contained on the Website for your own private viewing purposes only, provided you keep intact all and/or any proprietary notices.
1.3 Subject to condition 1.2 above, no copying of either the Website and/or any and/or all of the material contained on the Website or distribution for any commercial or business use is permitted without our prior written consent. You may not include a link to the Website or display the contents of the Website surrounded or framed or otherwise surrounded by material not originating from us without our prior written consent.
1.4 No licence is granted to you in these Terms and Conditions to use any trade mark whether registered or unregistered of either Pococks Roses and/or its group of companies.
2. Website information & availability
2.1 Whilst we take every care to ensure that the information on the Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, subject to condition 13 below, the Website is provided “AS IS” with warranties excluded to the fullest extent permissible by law. Subject to condition 13 below, we do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the Website or interruption in availability.
2.2 If a fault occurs in the service of the Website, you should report it to us either by email to firstname.lastname@example.org. and we will correct the fault as soon as we reasonably can.
2.3 Your access to the Website may be occasionally restricted to allow for repairs, maintenance, new product data or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
2.4 Your attention is drawn to the following information in particular:
2.4.1 While we do our very best to ensure that the ingredients, guides and information is kept up to date, there may be occasions where a manufacturer has changed their recipe and this has not yet been reflected in the information on our product pages. Please always refer to the product packaging upon receipt of your order for the fullest and most up to date copy of the product’s ingredients.
3. Other promotions, vouchers & competitions
3.1 From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the Website. Each such offer and or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times. Your statutory rights are not affected.
3.2 Coupons, discounts and promotional discount codes (including any price match policy) offered in Pococks Roses store are valid only for use as part of a purchase made in Pococks Roses store, unless otherwise stated.
4.1 You may not use the Website for:
4.1.1 Transmitting any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
4.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
4.1.3 gaining unauthorised access to other computer systems;
4.1.4 interfering with any other person’s use or enjoyment of the Website;
4.1.5 breaching any laws concerning the use of public telecommunications networks;
4.1.6 interfering or disrupting networks or websites connected to the Website; or
4.1.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
4.2 We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.
4.3 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
4.3.1 any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
4.3.2 any claim by any third party that the use of the Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and/or
4.3.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.
5. Right to suspend or cancel your registration
5.1 We may suspend or cancel your registration to the Website immediately or restrict or prevent your access to the Website at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.
5.2 You can cancel this agreement at any time after giving us prior notice in writing. If you do so, you must stop using the Website.
5.3 The suspension or cancellation of your registration to the Website and/or your right to access and/or use the Website shall not affect either party’s rights or liabilities.
5.4 Conditions 1, 5 and 10 of these Terms and Conditions shall survive cancellation.
6. Ordering goods
6.1 All orders placed through the Website will be subject to our acceptance of the order.
6.2 When you submit an order to us on the Website, you will receive an email from us confirming receipt of your order (“Order Confirmation Email”).You should check this email for accuracy and let us know immediately if there are any errors. Please note that the Order Confirmation Email does not mean that your order has been accepted. Your order constitutes an offer to us to buy goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the goods have been dispatched to you (the “Dispatch Confirmation Email”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation” (“Contract”). Title to the goods will pass to you on delivery to you provided payment has been made in full. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such goods has been confirmed in a separate Dispatch Confirmation.
6.3 Where you have used a promotional code to obtain a discount off the price of your order, acceptance of this order is subject to our verifying that the code has been issued to you personally and that you have complied with all the terms of the offer and qualify for the promotional code. In the event that the code has not been issued to you for your personal use, or you do not qualify for the promotion, the price of the order will be adjusted notwithstanding any email confirmation which you receive. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
7. Pricing, processing your orders and payment
7.1 The price of any goods will be as quoted on the Website from time to time, except in cases of obvious error. Subject to condition 7.4 below, in the event of obvious inaccuracies in the prices quoted on the Website, we reserve the right not to fulfil and/or to cancel any orders placed by you in reliance on the inaccurate prices.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.3 Payment for all goods, either by credit or debit card, will be taken from your card at the time of despatch of your order, once we have checked your card details and stock availability.
7.4 Whilst it is our intention to keep the Website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
7.5 All prices shown on the Website are inclusive of VAT. Delivery charges are clearly highlighted throughout the Website.
7.6 Containerised prices refer to four or five litre pots and may be subject to change should raw material costs increase.
7.7 Cancelled orders may incur a 10% administration fee at our discretion.
8. Availability and delivery
8.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances such as a Force Majeure Event (see condition 16 below). For further information on delivery charges, click here.
8.2 All orders for field grown roses and containerised roses are subject to availability. We reserve the right to substitute with a variety of equal merit if a required variety is out of stock, unless marked on the order form.
8.3 Despatch of our field grown roses begins in November starting with our May/June order book. Orders placed in November will be despatched in time for Christmas unless exceptional circumstances prevail, e.g. weather conditions (see condition 16 below).
9. Consumer Rights
9.1 If you are contracting as a consumer, you may cancel any Contract between us at any time within 28 days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with our refunds policy set out in condition 10 below. This is in addition to your statutory rights. If you are unhappy with the goods you have received or don’t believe that they reflect those you Contracted with us for then please contact us immediately as we have a duty to ensure you receive the goods you contracted with us for.
9.2 To cancel any Contract between us, you must immediately inform us by either emailing email@example.com or telephoning us on 01794 367500 between 9.15am and 5.15pm Monday – Tuesday & Thursday, 9.15am and 2.00pm and 9.15am – 4.15pm Saturday, or by sending us an email to firstname.lastname@example.org and return the goods to us in accordance with condition 10 below.
10. Refunds Policy
10.1 When you return a product to us pursuant to condition 9 above (in addition to your statutory rights):
10.1.1 and where the goods are not defective, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day that we receive the goods in question back from you or you provide evidence to us that you have returned the goods to us. In this case, we will refund the price of the goods in full together with the original delivery charge (provided you return the full order to us), but not the costs you incur in returning the item to us; or
10.1.2 because you claim that the goods are defective, we will examine the returned goods and will notify you of your refund by either post, telephone or email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.2 Please ensure that you return goods to us within 7 days of your cancellation of the Contract. This does not affect your statutory rights where the goods are faulty or not as described.
10.3 In the case of returns pursuant to condition 10.1.1 above, i.e., returns of non-defective goods, , We may also reduce the amount of money refunded to you where you have used the goods beyond the handling that is necessary for you to make sure the goods are as you expected, for example the handling you would do in a shop. This is in accordance with your statutory rights.
10.4 We are unable to offer a refund on personalised, custom made or made-to measure goods made to your specification unless the goods are defective. If you claim the goods are defective, we will examine the goods and condition 10.1.2 will apply.
10.5 Unless we have agreed otherwise, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. Risk and Title
11.1 The goods will be at your risk from the time of delivery.
11.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
12. Our Liability
12.1 We warrant to you that any goods purchased from us though the Website are of satisfactory quality and reasonably fit for the purposes for which products of such kind are commonly supplied.
12.2 We shall not be responsible to you or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these Terms and Conditions, including such damage as may be reasonably foreseeable at the date you order the goods.
12.3 If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the goods you purchased.
12.4 If you are contracting as a consumer, our liability for any claim for loss or damage shall be limited to three times the purchase price of the goods you purchased.
12.5 Nothing in these Terms and Conditions shall exclude or restrict our liability:
12.5.1 for death or personal injury caused by our negligence;
12.5.2 under section 2(3) of the Consumer Protection Act 1987;
12.5.3 for fraud or fraudulent misrepresentation; or
12.5.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Limitations of liability
12.5.5. Nothing in these Terms shall exclude or limit Pococks Roses’s liability for losses which may not be lawfully excluded or limited by applicable law.
12.5.5. Pococks Roses shall not be liable for any loss, claim, damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) the unauthorised access to or alteration of your transmissions or data, even if Pococks Roses have been advised of the possibility of such damages unless resulting from the gross negligence or intentional actions of Pococks Roses.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Pococks Roses at Pococks Roses, Jermyns Lane, Romsey, Hampshire SO51 0QA. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in condition 13 above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 strikes, lock-outs or other industrial action;
15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3 fire, explosion, inclement weather, including storms, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 inability of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 impossibility of the use of public or private telecommunications networks; or
15.2.6 Systems affected as a result of computer hacking or virus
15.2.7 the acts, decrees, legislation, regulations or restrictions of any government
15.3 Our performance under any Contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under any Contract between us may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of any Contract between us, to insist upon strict performance of any of your obligations under any Contract between us or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under any Contract between us, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 14 above.
17.1 The use of the Website and any Contracts formed between us are governed by English law. Any dispute arising from, or related to, such use and any such Contracts shall be subject to the exclusive jurisdiction of the courts of England. We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Overseas orders (i.e. orders from outside the United Kingdom) will not be accepted.
17.2 A person who is not a party to these Terms and Conditions or any Contract between us shall have no right to enforce any term of the Terms and Conditions and/or any and/or all Contracts between us under the Contracts (Rights of Third Parties) Act 1999.
17.3 If any provision of these Terms and Conditions or any provisions of any Contract between us are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
17.4 We may assign, charge or transfer any of our rights or subcontract any of our obligations under these Terms and Conditions or any Contract to any third party at any time.
17.5 You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these Terms and Conditions and/or any Contract between us except with our specific prior written permission in writing.
17.6 We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on the Website. You will be subject to the policies and the Terms and Conditions in force at the time that you order goods from us, unless any change to those policies or the Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods). If you do not wish to accept the new Terms and Conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
17.7 These Terms and Conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our trading relationship.
17.8 We will endeavor to verify the accuracy of any product or pricing information which we place on the Website, but we make no warranties or guarantees (whether express or implied) in relation to the accuracy of such information. You must bear the risk associated with the use of the Internet.