Terms and Conditions
Nicholson Nurseries Ltd trading as ROSARA
Registered and Trading Office: The Park, North Aston, Bicester, Oxon. OX25 6HL
Company registration No. 04820053 VAT No. 287 1335 86
This website is owned and operated by Nicholson Nurseries Ltd trading as ROSARA.
These terms and conditions apply to your use of the ROSARA website (www.rosara.co.uk) and the purchase of goods online. By using our website and placing an order you agree to be bound by these terms and our Privacy and Cookies Policy (http://www.nicholsonsgb.com/privacy-cookie-policy/). These terms are updated from time to time, so please check back on regular a basis.
1. About ROSARA
ROSARA is a trading name of Nicholson Nurseries Ltd), a supplier of high quality plants, outdoor furniture and garden materials. You can contact us by emailing: firstname.lastname@example.org or telephoning: 01869 340350.
Our registered office is located at NICHOLSONS, The Park, North Aston, Bicester, Oxon. OX25 6HL. We are a limited liability company registered in England and Wales with company number 04820053 and VAT number 287 1335 86.
2. Placing an order
You can place an order using our website (www.rosara.co.uk). Orders will not be binding until we provide you with a written confirmation of its acceptance (at which point a contract between you and us will come into existence).
Products are offered subject to availability, and we have the right to refuse to accept all or part of an order (in which case we will refund any sums already paid for cancelled products). Quotations displayed online are valid until you leave our website.
To place an order you must:
(a) be over 18 years old;
(b) be requesting delivery to an address within mainland UK (we do not deliver offshore);
(c) be legally capable of entering into contract with us; and
(d) accept these terms and conditions.
You are responsible for ensuring your order is accurate (including the items you order and their quantities) and that any personal details (e.g. credit card details, delivery address and contact details) are correct. We will send you an email order confirmation, and you should check all the details contained within it are correct.
Amending an order
If you wish to amend an order, you must let us know as soon as possible. We have the right to refuse change requests and, if we do agree, additional charges may be payable (though we will confirm this with you before the change is made final).
Bare root plants
All bare root plants are only available for shipping between November and March. If you place an order with us outside of these months, payment and dispatch will be placed on hold until the plant are ready for dispatch.
Images and descriptions
Images of products and descriptions on our website or in catalogues are for illustrative purposes only. Your products may vary slightly from the image shown. Weights and pot sizes are only provided as a general guide and the final product may differ.
Out of stock products
All of our products are subject to availability. We try to indicate on our website whether a product is still available (though it is possible actual stock levels vary from those shown).
If a product is displaying as out-of-stock on our website you may be offered the option to reserve the item but we will not process the order until it is available for shipping.
If a product is shown to be in stock, but this turns out to be incorrect, we will contact you and agree to either:
(a) wait until the products in stock and process your order then.
(b) offer an alternative of a similar price and quantity
(c) cancel the order and refund your payment in full.
If a product is displaying as out-of-stock on our website you may be offered the option to reserve the item but we will not process the order until it is available for shipping.
Delivery dates and times provided by us or our couriers are only estimates and are not guaranteed. If the time of a delivery is essential, you must agree this with us before placing your order. Once a product has been dispatched, we will attempt to contact you by email to confirm it is on its way. We may deliver products by instalment and are not obliged to deliver products in the same chronological order as they were purchased.
Missed deliveries and delays
If you are not in we will leave the products in a safe place (or with a neighbour), or else leave a note or contact you to arrange redelivery. In some cases our courier will contact you to agree a delivery slot, in which case it is your responsibility to be available at that time (and if you miss an agreed delivery slot, there may be an additional charge for redelivery).
If you fail to contact us or agree a redelivery slot, we may store the products (for which there will be a charge) and/or bring the contract to an end. If we end the contract then our only liability to you will be to refund the price have you already paid, minus our attempted delivery costs and any loss of value in the products (which, for perishable plants, could be their full value).
If we cannot complete a delivery because you have given us incorrect or incomplete information, this will count as a missed delivery and you are responsible for contacting us with correct information, or else we may end the contract in the manner described above.
Deliveries of larger items trees and plants are kerbside only.
Click and collect
If you choose to pick up a product using our Click and Collect option, our only responsibility is to make the product available for collection (and you are responsible for organising transportation using a suitable vehicle).
You are responsible for ensuring we have free and clear access to premises (this includes free and available parking for our delivery vehicles). If an impediment or obstruction prevents us from completely a delivery, this will count as a missed delivery and we may end the contract or charge for redelivery.
4. Risks and responsibilities
Ownership and responsibility for loss/damage
We retain ownership of all products until cleared payment for them has been received in full. However, you are responsible for products from the time of delivery or collection (even if payment has not yet been received in full and we still own them).
You must also check plants and products upon delivery or collection and (where necessary) are responsible for watering them soon after.
Damage to property
Sometimes delivering products will require us to carry material over gardens and through properties. Please make sure that walls and surfaces are adequately protected (builder’s polythene is a good method) and that fragile objects (such as pots etc.) are moved (our staff will be more than happy to move heavier objects for elderly or disabled clients). Lawns tend to recover from damage rapidly, but very wet weather can give rise to very muddy conditions (which we are not responsible for). We are able to provide boards to protect lawns, though this is not included as standard and may incur an additional cost. Please contact us for further details.
Where we are responsible for damage to property, and that damage could not have been prevented by you taking reasonable precautions, our only liability will be to take reasonable steps to make good that damage or (at our option) to pay for the damaged property to be either repaired or replaced.
5. Price and payment
All prices shown include VAT (unless specified otherwise). The total price (including delivery) will be calculated at the checkout. Please note that, until an order is confirmed, product prices and delivery charges are subject to change (we will notify you in the unlikely event of an increase or decrease in the cost of your order).
We try to ensure all our pricing is correct, but there may be circumstances where an error has taken place. We are under no obligation to sell products at an incorrect price and will contact you to confirm if the actual price is acceptable or arrange an order cancellation and refund.
We accept payment by major debit or credit cards (except American Express). Payment is due when an order is placed. We use a third party financial house to process our payments. When you order our products you will be transferred to them to process your payment securely. We do not store details of your payment card on our site. If we are unable to take payment we may cancel your order.
6. The Rosara guarantee
Our guarantee is simple, and represents our commitment to provide only the highest quality products. We guarantee that if there are any defects which are our fault we’ll refund their cost in full, provided you let us know within 14 days of collection or delivery. Please note that this guarantee is subject to certain conditions and exclusions (see below) does not cover perishable items (including plants).
Our guarantee is in addition to your other legal rights as a consumer. Your right to change your mind and cancel the contract, or to return faulty products for a refund, repair or replacement (see our returns policy in section 7 below) is not affected by this guarantee.
Our guarantee only covers defects for which it’s clear that we’re to blame. For example, the guarantee won’t apply if you don’t store a product correctly or fail to follow instructions. It also does not cover defects which minimal, trivial or insignificant. When you contact us we will ask you for a photograph of the product so we can determine the cause of the problem first before it is sent back to us. If we agree the damage is not as a result of neglect or handling on your part, then we will refund the cost of the item to you.
7. Our returns policy
If you are a consumer (i.e. an individual purchasing goods outside the course of your trade, profession or business), you have right to claim a refund, replacement, repair and/or compensation if you receive products which are faulty or not as described. You can also cancel the contract in some situations.
Your right to change your mind
If you purchase products online you have the right to change your mind and cancel the contract within 14 days of delivery and obtain a full refund. This cancellation right does not apply to perishable items (including living plants); products which have been sealed for health or hygiene reasons (and which you have unsealed); or to bespoke or customised products. Of course, if the products are faulty or not as described, you can claim a refund, replacement, repair or compensation (see below).
To cancel the contract you must contact us by calling us on 01869 340350 or emailing email@example.com, alternatively, you can complete our online cancellation form. You’ll also have to return the products to us (at your own cost). Alternatively, we can collect the products from you, but you will have to pay our reasonable collection costs.
Your legal right to a refund, replacement, repair and/or compensation
If our products are not of satisfactory quality, as described or fit for their usual purpose, then you can:
(a) reject them, provided you notify us within 30 days of delivery; or
(b) have them repaired or replaced (though we will decide which is most appropriate).
If we cannot repair or replace the faulty product, we will agree to either reduce the price (by issuing a partial refund) or allow you to return the product and receive a full refund. If the product has already been used, we may reduce amount of the price reduction or refund to reflect that use.
Where the product consists of multiple units or instalments, only some of which are unsatisfactory, you may choose to only reject the unsatisfactory parts.
8. About our website
We try to ensure the information given on our website is correct and up-to-date; however, we don’t guarantee this and it may be that errors or omissions are present. Any information on our website (e.g. guidance on gardening or plants) only intended as general guidance.
We do our best to ensure our website is secure and free from bugs and viruses etc., but the internet is never completely safe and you are responsible for ensuring your device has virus protection and is properly configured with secure settings. We do not accept any responsibility for loss or damage which occurs from visiting our website.
If you register an online account with us, then you will be provided with login details which you have to keep safe and confidential. If you suspect someone else may know your password or might have accessed your account, you should let us know immediately by emailing firstname.lastname@example.org. We reserve the right to disable accounts we are suspecting are being used improperly.
All the intellectual property rights in the website belong to us or our licensors. You are permitted to use our website for personal use and to print and download material provided that you do not modify any content without our consent. Material from our website must not be republished online or offline without our permission.
9. How we will communicate with you
We will normally communicate with you by email. If you don’t use email or would rather communicate by other means, please let us know by calling us or writing to us.
If you wish to complain or otherwise need to contact us you can do so by emailing: email@example.com or telephoning: 01869 340350.
10. Privacy and cookies
We take great care to protect your personal information (such as that we collect when you contact us or place an order). Examples of personal information we collect include your name, addresses, email and telephone number. Further information on how we use personal information can be found in our Privacy and Cookies Policy (http://www.nicholsonsgb.com/privacy-cookie-policy/).
Why we use information
We’ll only use your information with your consent, or to the extent necessary in order to perform a contract with you, fulfil our legal duties, or for other legitimate purposes. For example, when you place an order, we will use your information to process payment, dispatch the products and keep a record of the sale. If you have agreed to receive marketing, then we will use your information to keep you up to date on the latest news about us and our products.
How to access your information
We want to ensure that you remain in control of your personal data. The law provides you with various rights to help you do this, including the right of access to your personal data. Further details on how to exercise these rights can be found in our Privacy and Cookies Policy (http://www.nicholsonsgb.com/privacy-cookie-policy/).
We are registered as a data controller with the Information Commissioners Office under number ZA272523.
Where we store your information
Your personal information may be transferred outside the European Union, though if this occurs we will ensure it is adequately protected at all times and that your privacy is respected.
11. Our liability
What we’re liable for
If we are negligent or breach our contract with you, we will be responsible for any loss or damage you suffer that is a direct and foreseeable result of our breach of contract or our negligence. However, our maximum liability will not exceed the amount you have paid to us under the contract or, if the loss or damage relates to a particular product, the relevant product.
We are also liable for any losses the law doesn’t allow us to exclude (including fraud, and personal injury or death caused by negligence).
What we’re not liable for
Except as set out above, we are not responsible for any other loss or damage you suffer. This includes loss or damage which is not directly caused by our breach of contract or negligence, and which is not foreseeable at the time of contracting.
We also are not liable for plants once they have been delivered and accepted; or for the replacement of any plants that fail to grow due to unsuitable soil conditions, inappropriate choice of plant for site conditions, inappropriate planting or maintenance (unless you demonstrate this is a direct result of your following our written instructions).
12. General legal terms
Events outside our control: We won’t be responsible if we can’t perform our contractual obligations due to events outside our reasonable control. This includes (but is not limited to) strikes, lock-outs or industrial disputes (whether involving our workforce or those of another company), failure of utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of IT systems, plant or machinery, fire, flood, storm, or failures by our suppliers or subcontractors.
Intellectual Property Rights: As between you and us, all intellectual property rights in our products shall be owned by us, though you can use materials we provide (which contain such intellectual property) for the purpose for which they were provided.
Contract terms: All contracts between you and us are subject to these terms. No other contract, representation or promise of any kind shall form part of, alter or supersede of these terms. No variation of these terms shall be effective unless it is in writing and signed by one of our company’s directors.
No waiver: If either you or we delay or fail to exercise any right or remedy, or only do so in part, that shall not stop us exercising that right or remedy at a later date.
Third parties: The contract is between you and us and no one else has any rights under it. The Contracts (Rights of Third Parties) Act 1998 shall not apply to this contract.
Assignment: You may only transfer your rights or your obligations under the contract with our prior written agreement. We may transfer our rights and obligations under these terms to another person if we choose to do so.
Law and jurisdiction: The contract between you and us is governed by English law, and any legal proceedings relating to it must be brought in the English courts.
ROSARA Terms & Conditions.
Version 3, last updated 20 February 2018