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. 819 1458 17
This website is owned and operated by Nicholson Nurseries Ltd trading as ROSARA.
These terms and conditions and the website disclaimers apply to the use of the ROSARA webshop and the purchase of goods to the exclusion of any other terms and conditions. By using our website and placing an order you agree to be bound by these terms, our privacy statement and our delivery and returns policy.
Likewise If you are using ROSARA on behalf of another company or organisation, you are agreeing to our terms and conditions on behalf of yourself and said organisation and you have the legal authority to commit said organization to these terms, our privacy statement and our delivery and returns policy.
If you do not agree with these terms and conditions then you should not use the website.
These terms and conditions may be modified by us at any time. If you continue to use the website it will constitute your acceptance of these modified terms and conditions.
All references to “you” in these terms are a reference to the party contracting with ROSARA. ROSARA operates its own Health and Safety policy. ROSARA is insured against Employer’s Liability and Public Liability risks. ROSARA take no liability for consequential loss.
Incorporation of these terms: All contracts between ROSARA and you are subject to these terms and conditions (as appropriate) and shall prevail over any other terms and conditions or in any communication between us. No other agreement, representation or promise of any kind shall form part of, alter, vary, supersede, or operate as a waiver of these terms unless expressly made or accepted by us in writing. A contract on these terms shall be made when either we accept an order from you.
You shall accept that, unless expressly specified otherwise, email can be used as a means of communication between you and ROSARA, including (without limitation) authorising the contract between you and ROSARA, distributing the deliverables, carrying out all reasonable and necessary communication required by Nicholsons, its agents and employees.
Intellectual Property Rights: As between you and ROSARA, all the Intellectual Property Rights and all other rights in the Deliverables shall be owned by ROSARA. You shall be entitled to use any material provided by ROSARA for the purpose provided only. 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 on this website must not be republished online or offline without our permission.
Our trade names, trademarks and logos include ROSARA, ROSARA (Outdoor Style) Ltd and their associated logos and these must not be used in conjunction with any product or service that is not ours unless you have received prior written consent from ROSARA. All other trademarks not owned by ROSARA that appear in any ROSARA content are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ROSARA.
Limitation of Liabilities: ROSARA’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the contract shall be limited to the price paid for the Services.
Force majeure:ROSARA shall have no liability to you under the contract if it is prevented from, or delayed in performing, its obligations under the contract or from carrying on its business by acts, events, omissions or incidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Nicholsons or any other party), 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 default of suppliers or subcontractors.
Consumers: If you are a consumer you may cancel a contract at any time within fourteen days: for goods beginning on the day of receipt of the items. If you wish to return the items, you must return them to us. You must pay the cost of returning the items to us. Alternatively, we can collect the items from you, but you will have to pay the cost of us collecting the goods.
Our Products: Many of our products are not mass-produced, but are either handmade or hand-finished so variations in colour and size may occur and they may differ from the images shown on the website. We take all possible steps to ensure the information given on our website is correct and up-to-date. However we do not guarantee the correctness of the material on our website and all images are for illustrative and guidance purposes only.
We reserve the right from time to time to vary the nature of the Products advertised.
All products are subject to availability. We will indicate on our website whether a product is available. However if the information is displaying incorrectly then we will inform you by email as soon as possible to offer you the following options:
- Waiting until the products are in stock and processing your order then.
- Offering an alternative of a similar price and quantity
- Cancelling the order and refunding 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.
Product Copyright: Some of our products are developed for ROSARA are custom built to our original requirements and protected by copyright. We will take steps to protect our rights if any infringements are made to our rights.
Placing an order: We shall have the right to refuse to accept any orders placed by you.
To place an order you should:
- Be over 18 years old
- Be requesting delivery to an address within mainland UK. We do not deliver offshore
- Be legally capable of entering into contract with us
- Accept the terms and conditions of our website
Transactions: We may make the ability to purchase some products through other means such as telephone orders, mail order, physical stores or other online sales channels. In all scenarios if you wish to make an order you will be responsible for the accuracy of the order including the items ordered and their quantities and any personal details such as credit card details, delivery address and contact details essential for us fulfil the order. When the order is received you will receive notification confirming your request.
Order Change: Where an order has been placed, but following which changes are requested, if such a change is accepted by us (which shall be at our discretion), we reserve the right to increase our unit rates or add an amount to offset the additional costs incurred.
Supply of Goods: All goods remain the property of ROSARA until the full price has been paid. However, all liability for the goods shall pass to the client on collection or receipt of the goods.
Deliveries: Any delivery dates and times provided by us or our couriers in correspondence with you are estimates and therefore not guaranteed.
Once a product has been dispatched, we will attempt to contact you by email to confirm when an order has been dispatched confirming a product is on its way.
We are not obliged to deliver products in the order in which they were placed with us.
Many of our deliveries of larger items are kerbside only where our courier will arrange a date of delivery in advance with you. It is your responsibility to be available if we contact you to arrange this.
If you are offered a Click and Collect option for a product, you will be responsible for the transport of all goods and the use of a suitable vehicle. We will always endeavour to contact you after your order to ensure you understand your options.
Pricing and Payment: All prices include VAT at 20% where applicable unless stated otherwise and exclude delivery charges.
Final payment will calculated at checkout where delivery charges are also calculated.
Whilst pricing and delivery charges are subject to change this will not impact any orders that have already been confirmed by us.
Whilst we try to ensure all our pricing is correct there may be circumstances where an error has taken place. We are under no obligation to sell at the incorrect price but will contact you shortly afterwards to reconfirm the actual price is acceptable or arrange an order cancellation which will result in a full refund. When you make a transaction with us you will be asked to supply certain relevant information, such as your credit or debit card number and expiration date, your billing address and your shipping information. When providing this information you are granting us the right to provide such information to third parties for purposes of facilitating the transaction and delivery of your order.
The ROSARA webshop accepts payment by all major debit or credit cards (except American Express) and this is processed by a third party house called SAGE to process your payment securely. You can also pay directly through your paypal account.
We do not store details of your payment cards on our webshop.
If we are unable to take payment from your account we reserve the right to cancel the order.
Returns: ROSARA’s aim is to provide the highest quality products – and we hope that you will love your new purchase however if you’re not entirely satisfied, please contact our customer service team within 14 days of the purchase by calling us on 01869 340350 or emailing us firstname.lastname@example.org with the subject header REFUND or EXCHANGE.
The following process will then take place:
We will complete a returns form and email it to you
You will return products to us unused, in their original packaging together with the completed returns form
You will receive a confirmation e-mail once the package has arrived at our warehouse.
For heavy items please contact our customer service team to arrange a pick up on 01869 340350.
Refunds will then be credited to your card.
Replacements for exchange of damaged goods will not be dispatched until the original item has been received at our warehouse.
ROSARA will not refund or exchange in the following circumstances:
- Items returned after 30 days
- Items without a completed returns form
- Damaged items not notified by telephone to us within 14 days.
- Bespoke pieces and commissions
If you are a consumer, this does not affect your statutory rights.
Data Protection: Nicholson Nurseries Ltd trading as ROSARA will use your personal data for the purpose of the processing, administration, statistical analysis, assessment and analysis, marketing, customer services, customer profiling , analysing your purchasing preferences, improving our services. We may disclose your information to our service providers and agents for these purposes.
When you buy from us you, some information such as name, email address, shipping and billing address and payment details will be passed onto and/or processed by well-established third party financial and distribution institutions to handle our credit card payments and order fulfilment. We require all third parties to handle your personal information as fully confidential and to comply with all applicable UK Data Protection and consumer legislation.
You have a right to request a copy of the personal data we hold about you, and to correct any inaccuracies in your information.
Last Updated: April 2016