Forest & Fir - Terms and Conditions
Website Terms and Conditions
USE OF THIS WEBSITE
You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may use, download and print content on the Website solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:
- copy, reproduce, use or otherwise deal with any content on the Website;
- modify, distribute or re-post any content on the Website for any purpose;
iii. reproduce, crawl, frame, link to or deep-link into this Website on or from any other website;
- use the content of the Website for any commercial exploitation whatsoever.
USE OF THIS WEBSITE FROM OUTSIDE THE UK
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Forest & Fir’s products and services available in the UK. Forest & Fir is currently unable to deliver outside of the UK. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK do so at their own risk that the order will not be dispatched. In this instance the purchaser should contact Forest & Fir immediately to arrange for a full payment refund.
OWNERSHIP OF RIGHTS
All rights, including copyright and other intellectual property rights, in and to this Website are owned by Forest & Fir.
ACCURACY OF CONTENT
To the extent permitted by applicable law, Forest & Fir disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to date and/or does not infringe the rights of any third party.
DAMAGE TO YOUR COMPUTER OR OTHER DEVICE
Forest & Fir uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Forest & Fir shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
EXCLUSIONS OF LIABILITY
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website. Except to the extent required by applicable law, Forest & Fir shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
THIRD PARTY RIGHTS
Only you and Forest & Fir shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
LAW, JURISDICTION AND LANGUAGE
Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
CHANGES TO THESE WEBSITE TERMS
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
PART C: GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through the Forest & Fir website at www.forestandfir.co.uk (the "Website"). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
WEBSITE TERMS AND CONDITIONS
Whenever you use this Website to order a Forest & Fir product or service, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering a Forest & Fir product or service through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions.
PRODUCT AND SERVICE DESCRIPTIONS
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been described as accurately as possible. However, when ordering products or services through the Website, please note that: orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website; all prices are displayed in pounds Sterling inclusive of UK VAT where applicable unless expressly indicated otherwise.
Packaging may vary from that shown on the Website; the weights, dimensions and capacities shown on the Website are approximate only; whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
ACCEPTANCE OF YOUR ORDER
Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.
If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order. In turn we will then provide you with a link which will allow you to track the delivery of your product with our courier, Tuffnells.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address. Delivery will be to the UK specified in your order. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to depot. In addition, our courier will provide Fir & Forest with a photograph indicating the final resting place of the tree. This photo will be kept by Forest & Fir as proof of delivery.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. We will do all that we reasonably can to meet the times and dates agreed for delivery and / or installation. All delivery and collection times quoted are estimates only and occasionally delays will occur. We will not be liable for any delay or failure to deliver within such estimated timescales. Where we are unable to carry out installation through error or fault on your part, we reserve the right to charge for any reasonable costs incurred.
You should advise us of any special parking requirements or loading/unloading areas in writing at the time of order. We will carry out any installation works described in the quote.
YOUR RIGHT TO CANCEL
If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days following your receipt of the goods or the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau if you are in the UK).
If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
Applicability of cancellation rights: Legal rights of cancellation under the Distance Selling Regulations available for UK or EU consumers do not apply to certain products and services (for example, plants/trees);
Additional cancellation terms: Where Additional Terms and Conditions of Sale are applicable to anyproduct or service you have ordered from us, these may also govern your cancellation rights and you should review these carefully;
Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or e-mail only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within seven working days following the date of receipt in accordance with the Distance Selling Regulations or otherwise as soon as possible. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned in their original packaging or in the case of bulky items, collection arrangements made, promptly at your cost (up to £100 in some cases) which will be notified to you at the time of cancellation.
Cancellation of standard orders (defined as the purchase and / or delivery of goods and services under £200) must be confirmed with us at least 72 hours prior to the date and time of delivery or an administration charge of 50% of the value of the order will be levied.
Cancellation of orders in excess of £200 must be confirmed with us at least 5 days prior to the date and time of delivery or an administration charge of 50% of the value of the order will be levied.
Every order is unique and charges for cancellation can be at the discretion of Forest & Fir. Whilst every attempt to understand the reasoning of a late cancellation will be made on our part, Customers requiring large or special orders should be aware that extra staff have to be allocated, trees of 11ft or over have to be specifically cut, and in the case of special decoration orders extra decorations will be specifically resourced.
This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
Collection: For certain, larger products, we may offer to arrange collection on your behalf and, where this is the case, you will be responsible to pay the costs of such collection (which we will notify to you in advance).
If you cancel your order in any of the circumstances set out above save for cancellation under the provisions of the Distance Selling Regulations, we will refund any money paid by you after any products, which have been delivered to you, are returned to us. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.
Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).
For certain products and services we reserve the right to substitute alternative products or services of equal or greater quality and value at no extra cost to you if we experience supply difficulties. However, where this is the case, you will always have the right to accept or refuse any products or services that we substitute. If you choose to refuse any alternative product that we have substituted, we will offer a refund or replacement.
There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud. You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
Forest & Fir ltd cannot be held liable for any damage caused following the installation or removal, by the customer, of the product from their property. In addition, Forest & Fir cannot be held liable for any natural deteriorations in the product eg development of bacteria or browning of needles.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including the website section on tree care). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
OTHER IMPORTANT TERMS
We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise. You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion. No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. These General Terms and Conditions of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.
PART D: ADDITIONAL TERMS AND CONDITIONS OF SALE
These terms and conditions apply to any order which you place through the Forest & FIr website at www.ForestandFir.co.uk (the "Website") for the products specifically listed below. When you order a product or service listed below, you must read these Additional Terms and Conditions of Sale carefully. By placing an order through the Website for the specific goods listed below, you confirm that you have read, understood and agree to the applicable Additional Terms and Conditions of Sale in their entirety as well as to our General Terms and Conditions of Sale. If you do not agree to the applicable Additional Terms and Conditions of Sale in their entirety or to our General Terms and Conditions of Sale, you must not place any order for the below-specified products or services through the Website.
IF THERE IS ANY CONFLICT BETWEEN THESE ADDITIONAL TERMS AND CONDITIONS OF SALE AND OUR GENERAL TERMS AND CONDITIONS OF SALE, THESE ADDITIONAL TERMS AND CONDITIONS OF SALE PREVAIL TO THE EXTENT OF THAT CONFLICT.
Additional Terms & Conditions – Trees
Amendments and cancellations can be accepted until 72 hours before your order is prepared for dispatch. Amendments can be made by telephoning 079120 64880.
Trees cannot be returned or refunded, except in accordance with your legal rights, for example in the event they are not of satisfactory quality. As trees are perishable, our company policy is that the reasonable time in which you must notify us that your tree does not conform to contract is 3 working days. After this time we will have full discretion over any substitution or refund.
The cancellation right under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to plants.
CANCELLATIONS, AMENDMENTS, RETURNS & REFUNDS
Ultimately, any changes you make to your order must be notified to us in writing. If you amend or change your order, you may find there are changes to your delivery timescale and/or the price you pay for the item (as you’ll be charged the current selling price on the day you amend or cancel the order).
If we have to collect a product that you have cancelled, we will charge you the cost of collection (up to £100) which will be notified to you at the time of cancellation.
ALL METHODS OF PAYMENT, INCLUDING CREDIT CARDS ARE PROCESSED ONCE YOUR ORDER IS PREPARED FOR DISPATCH.
PART E: ADDITIONAL TERMS AND CONDITIONS OF SALE FOR CORPORATE ORDERS
By ordering a Forest & Fir product or service through the Website, you shall be deemed also to have read, understood and agreed to our General Terms and Conditions of Sale and (where applicable) our Additional Terms and Conditions of Sale.
USE OF Forest & Fir BRAND
You may not use any product image, corporate title, designation, service mark, trademark or any other trading name or style of Forest & Fir without having first obtained our consent in writing.
Forest & Fir is exempt from registration under the Data Protection Act. We never make your personal details available to other companies for marketing purposes other than for the marketing of Forest & Fir products and services. We (and our representatives) may hold your personal details in order to process your order and/or maintain your account.
The Forest & Fir company (and our representatives who supply Forest & Fir goods and services) may also use your details to send you further information on Forest & Fir products and services, to keep you up-to-date on goods, services and promotional offers you may be interested in or for research purposes. If you prefer not to receive such information or be a part of such research, please write to: Forest & Fir, Suite C, 28 Perham Road, London, W14 9ST. Please include your name, address and postcode along with any Foret & Fir account number or correspondence reference you may have.
In the event that:
- you make any voluntary arrangement with your creditors, you become subject to an administration order, you go into liquidation, you suffer a petition for winding up to be issued against you or the equivalent occurs under any jurisdiction order other than for the purpose of a solvent amalgamation or reconstruction, or (being an individual) you are made bankrupt; or
- an encumbrancer takes possession of, or a receiver or an administrative receiver is appointed over any of your property or assets; or - you suspend or threaten to suspend any payments hereunder or cease or threaten to cease to carry on business or
- Forest & Fir reasonably considers that any of the events mentioned above is about to occur in relation to you then without prejudice to any other right or remedies available to us, we shall be entitled forthwith to cancel our contract with you without any liability to you.
WHERE WE ARE IN BREACH OF THESE TERMS:
- we will not be liable to you (whether in contract, tort or otherwise) for any indirect or consequential loss,
cost or damage you suffer;
- we will not in any event be liable for any loss of profits, loss of business, loss of revenue, loss of data or loss of goodwill, whether any such loss is direct or indirect.