Terms and Conditions

GENERAL

These terms and conditions confirm the legal terms (“Terms”) on which Harrogate Borough Council (“we”) will sell the goods (the “Goods”) listed on our website (“Website”) to you.

 

Our Privacy Policy, Terms of Website Use Terms and Privacy and Cookies Policy form part of these Terms and where applicable hyperlinks to this information is set out within these Terms.

 

These Terms apply to any contract between us for the sale of Goods (“Contract”). Please read them carefully and make sure that you understand them before you place your order.

HOW THE CONTRACT IS FORMED BETWEEN US

After you place an Order, we will send you an e-mail to confirm that we have received it (“Order Acknowledgement”).

 

The Contract between us will only be formed at the point that the Order Acknowledgement is sent.

 

We reserve the right to reject any Order, for any reason, and no Order will be accepted until payment is received in full for all Goods included in your Order.

 

All Orders are subject to stock availability. If we are unable to supply any of the Goods that you have ordered we will inform you as soon as possible. In the event that any of the Goods in your Order are unavailable, we will refund the purchase price of those unavailable Goods, where payment has already been made.

HOW TO MAKE A CLICK AND COLLECT ORDER

Click and Collect Orders can be made at any time on the Website, or via our Customer Services Call Centre, between Monday to Friday, during normal working hours, by calling 01423 500600.

COLLECTION OF CLICK AND COLLECT ORDERS

We will aim to ensure that Click and Collect Orders are available for collection from the Horticultural Nursery within 2 working days of the Order Acknowledgement.

 

A member of the team will either telephone or email you to let you know when your Order is ready to collect (“Collection Notification”).

 

Orders will be available for collection for 2 working days from the time we send the Collection Notification (“Collection Period”). If you have not collected your Order within this timeframe you will endeavor to contact you to arrange an alternative collection day, but reserve the right to automatically cancel and refund any Orders not collected within the Collection Period.

 

We always aim for you to be able to collect your Order within the Collection Period, but cannot accept liability if we provide the Goods for collection outside of the Collection Period or do not provide all or any of the Goods in your Order.

 

Ownership of, and risk in, the Goods will pass to you once you have (or the person you have requested to collect on your behalf has) collected your Order.

 

We can only allow collection of Orders from the Horticultural Nursery located on Nursery Lane East, Harrogate, HG2 0HF (“Collection Address”).

 

We shall not be liable for Goods once they have been collected from us at the Collection Address, whether collected by yourself or a third party authorised by you to collect the Goods.

HOW TO PAY

You can pay for Goods ordered on our Website by debit or credit card. We accept the following cards: Visa and Mastercard credit cards and Maestro, Delta and Visa Electron debit cards (“Payment Card”).

 

Payment for Goods will be debited from your Payment Card at the time of placing your Order. This does not mean that your Order has been accepted and, if for any reason, your Order is not accepted, or we are unable to supply the Goods you have ordered, a full refund will be issued to you.

PRICE OF PRODUCTS

We take care to ensure that the prices of Goods on our Website is correct. However, sometimes despite our best efforts, some of them may be incorrectly priced. We normally verify product prices following receipt of an Order and if we discover an error in the price of the Goods you have ordered we will contact you to give you the option of continuing to purchase the product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

 

The price of all Goods includes VAT (where applicable).

RETURNS, REFUNDS AND CANCELLATION RIGHTS

You can cancel any Click and Collect Order by e-mailing horticulturalnursery@harrogate.gov.uk (including order number, postcode and telephone number) at any time before you collect your Order.  If you cancel your Order prior to its collection, we will process the refund to the Payment Card used to place the Order within 2 working days.

 

You are not entitled to return any unused Goods to us once you or your nominated third party have collected them.

LIABILITY

Except for the remedies set out in "Return, Refunds and Cancellation Rights" above, if any Goods which we supply are proven to be damaged, we will replace the Goods or offer a refund within 2 working days.

 

Where we are unable to perform our obligations under the Contract due to matters outside of our control or if we supply Goods that are damaged, we will not in any circumstances accept liability for any claim to recover loss of profits or any special or indirect loss, damage or expense. Nothing in these conditions excludes or limits in any way our liability for:

 

  1. death or personal injury caused by our negligence;

  2. fraud or fraudulent misrepresentation;

  3. or any matter for which it would be illegal for us to exclude or attempt to exclude our liability;

 

As a consumer you may have additional legal rights in relation to Goods that are faulty or not as described and nothing in these Terms affects these rights. Further advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

OTHER IMPORTANT TERMS

We reserve the right to make changes to these Terms. Any changes will be posted to the Website and will take effect immediately. You should therefore read the Terms each time you place an Order with us.

 

Our Website and its contents and any contract formed as a result of its use shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.

 

If you are not satisfied with the Goods please contact us by email at horticulturalnursery@harrogate.gov.uk or by telephone on 01423500600. We will try to resolve any issues that you have as quickly as possible.

USE OF OUR WEBSITE

Your right to access and use of our Website is subject to the Website Terms of Use.

HOW WE USE YOUR PERSONAL INFORMATION

We will only use your personal information in accordance with our Privacy policy. Please read this policy carefully and make sure that you understand it.