By placing an order online or over the phone, you are agreeing to the following terms and conditions:
1. ORDERS AND CANCELLATIONS
1. Order Acceptance Policy
All orders and subscription requests received are subject to acceptance by The Gluttonous Gardener Limited ("The Gluttonous Gardener"), and any of its personnel, reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.
2. Timing of your order
As a part of the checkout process you will be able to select the delivery date for your order. Although over 99% of deliveries arrive on the delivery date within UK Mainland, there are a number of situations where despite our very best efforts, a delivery is late for reasons outside our control.
In these exceptional cases we cannot accept liability, and cannot offer a refund of the delivery charge. Please refer to clause 8 but be assured that we will still do our very best to deliver on time, even if these exceptional circumstances apply.
Please note for destinations outside of UK Mainland deliveries can take slightly longer to arrive, and we cannot always guarantee a delivery date to more remote areas and international addresses.
If the recipient is out when delivery takes place the driver will try to leave it safe but this is not guaranteed. If delivery fails, the courier company will also reattempt delivery the following day. In the unlikely event that the recipient does not get in touch with the courier depot after two delivery attempts, we will contact you, the buyer, for further instructions.
If the parcel is returned to us or you wish to change the delivery address, a new delivery charge will apply.
Cost of delivery will be advised at the time of placing an order and is dependent on the delivery address, please see our Delivery Page for pricing information.
3. Changes to your order
If you wish to change your order, please contact us on 020 7627 0800 or email firstname.lastname@example.org. We'll always do our best to make last-minute changes for you, but we can only guarantee changes (including to the delivery address and in relation to card messages) that are requested within 24 hours of order being placed if delivery is not due the following day. At peak times we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 5 days notice for any changes to be made.
4. Cancellation policy
Please contact us on 020 7627 0800 or email email@example.com as soon as possible as if the order has already been handed to our courier it may not be possible to cancel or may incur a fee.
Once we have made a personalised slate or plaque we are unable to refund this cost. Any refunds will be processed by us within 24 hours of agreement, though the speed of banking providers to process refunds can vary.
At peak times we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 5 days notice for any changes to be made.
1. We accept American Express, Visa and MasterCard credit and debit cards as well as Paypal. In order to offer the best security, all our payments are processed securely by Secure Trading or, if selected as a payment option, Paypal.
2. We never store or have access to your credit or debit card details.
All prices do not include delivery charges unless otherwise stated. All prices include VAT unless otherwise stated.
4. DELIVERY POLICY
1. We deliver all our crates by DPD and delivery fees vary depending on address.
2. Smaller products are sent by Royal Mail 2nd Class delivery are included in the price of any order.
3. For DPD deliveries, we will dispatch on the day required to meet your chosen delivery date. Orders for next day delivery to UK mainland must be placed by 1pm. We recommend providing a local mobile number and email when you place your order so that DPD can keep you updated about the delivery of your crate.
4. For Royal Mail deliveries, we will dispatch on the same day if order is placed by 1pm otherwise it will be dispatched the next working day. Royal Mail deliveries take 2-3 days within UK but unfortunately, we cannot guarantee the exact delivery date.
5. In the event of a delay by Royal Mail or the courier, we are unable to offer a refund or to resend your delivery.
6. We are unable to provide delivery notifications for Royal Mail orders.
7. We cannot guarantee that delivery instructions will be followed.
8. Although our team will always try our best to ensure punctual delivery for our customers, The Gluttonous Gardener cannot be held responsible if a delivery arrives late due to any circumstances impacting the availability of the postal service that we use or anything else outside of The Gluttonous Gardener’s control.
9. In the event of a non-delivery, please contact us on 020 7627 0800 or email firstname.lastname@example.org. It is the customer's responsibility to contact us within 7 days of the scheduled delivery date in order to claim a refund. Failure to do so will result in the lapse of any rights to a refund.
10. We reserve the right, at our absolute discretion, to use a different delivery method without prior notification.
11. We are unable to provide refunds for any deliveries sent to the wrong location where we have not received advance notice in accordance with this paragraph. Please note that at peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 5 days’ notice for any changes to be made.
12. We reserve the right, at our absolute discretion, to cancel your order if we believe that the postal or courier service in your area is too unreliable. We value our customers and our ability to deliver, so where we can't, we won't risk disappointing you.
5. OUR PROMISE, RETURNS AND REFUNDS
1. We aim to delight our customers by delivering our products, in great condition, on time.
2. Goods are described and photographed as accurately as possible however, by placing an order you acknowledge that the description is general and so there may be variations of the characteristics and sizes of products as they are natural living plants.
Please note that deciduous trees have no leaves during winter months and all plants and trees are affected by seasonal variations. Flowers or fruit are not guaranteed in the first year unless otherwise stated. Please contact us on 020 7627 0800 or email email@example.com about product descriptions or visual appearance before placing an order or before your order has been processed.
3. The Gluttonous Gardener reserves the right to substitute products with a comparable alternative if necessary.
4. While our products are packed carefully to ensure they arrive as fresh and beautiful as when they left us, on a small number of occasions (and for reasons beyond our control) they may get damaged in transit. Because plants are perishable, we need to be informed of any problem with your order within two days of delivery to give us the best chance of resolving the issue.
We will, at our discretion, consider issues raised after two days, but reserve the right to refuse a refund or replacement.
If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.
While we do everything we can to make sure our products are delivered, sometimes mistakes do happen and deliveries don't turn up.
If we fail to dispatch your order, we will send you a free replacement on our next available delivery date, or a refund. If the product has been dispatched but it has been delayed by the courier, we must open and allow for an investigation to take place with the courier before a replacement or refund can be issued.
Any refunds will be processed by us within 3 days of agreement, though the speed of banking providers to process refunds can vary.
Please understand that due to the perishable nature of plants and trees, we are unable to accept returns. We offer customers refunds as detailed in the two points above.
7. Availability and substitution
All products are subject to availability, and can be affected by seasonal variations. In the event of any supply difficulties or if the plants we have in stock fail to meet our high quality standards, we reserve the right, at our absolute discretion, to substitute any product with an alternate product of a similar type and equivalent (or greater) value and quality.
The need to make a substitution is rare, and we will always contact you by phone and email to offer you a range of substitution options. If we are unable to contact you before the dispatch date, we will make a careful decision about making a substitution in order to deliver on the chosen date.
If we do substitute without your permission then you do, of course, have a right to cancel the order for a complete refund and arrange for the plant to be collected at our expense. Just inform us by email or phone within 7 days of the gift being received. Please take care of the plant before it is collected and return it in its original packing.
6. OFFERS AND PROMOTION CODES
1. At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
2. In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.
3. As our special offers are contingent on availability, we may change the terms of special offers and promotional codes, or withdraw them altogether, at any time, and without prior notice.
4. We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
5. Discounts and credits cannot be used in conjunction with any other offers.
6. Unless otherwise stated, we only allow one promotion code to be used per order.
7. Except where otherwise stated, discounts and credits are available only once to any one person.
8. Credit expires 12 months from the date that it is added to an account
9. We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.
10. Except where otherwise stated, discounts and credits can be redeemed against any product on our website
11. Discounts and voucher codes cannot be redeemed against courier delivery charges, percentage discount vouchers are applied only to the product cost unless otherwise stated.
7. GIFT VOUCHERS
All our usual terms and conditions apply to Gift vouchers. The following terms and conditions will also apply to the purchase and redemption of Gift vouchers on The Gluttonous Gardener website:
1. Gift vouchers ordered through our website will be delivered either by electronic means to the email address you specify or by physical means by way of a physical gift vouchers being delivered to your chosen recipient.
2. Site offers and promotions (including credit) do not apply when purchasing gift vouchers.
3. Our gift vouchers must be redeemed on our Website or over the phone, as full or part payment for products from our Website.
4. If there is any Gift voucher balance outstanding upon redemption, such balance will remain as a credit balance in the gift voucher recipient's The Gluttonous Gardener account.
5. All Gift vouchers are dated and expire 12 months from the date of issue.
6. Gift vouchers cannot be exchanged for cash.
7. The first redemption of a gift voucher cannot be used in conjunction with any other credit or discount.
8. Gift vouchers may only be redeemed against products purchased in the same currency as the gift voucher.
9. Gift vouchers cannot be redeemed against any additional gifts and shipping charges.
10. Where products purchased online with a gift voucher are returned, any monies owing will be refunded by way of the relevant amount of credit added to the gift voucher recipient's account at The Gluttonous Gardener.
11. The Gluttonous Gardener is not responsible if a gift voucher is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
12. No refunds will be processed in respect of the purchase of gift voucher.
8. CIRCUMSTANCES BEYOND OUR CONTROL
1. Adverse weather conditions
During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren't able to refund or offer re-delivery of affected orders.
2. Force Majeure
The Gluttonous Gardener shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond The Gluttonous Gardener’s reasonable control.
9. OUR LIABILITY
1. Subject to clause 5.2, 5.3 and 5.4, whilst we agree to use all reasonable endeavours to ensure that The Gluttonous Gardener service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any interruption of the Gluttonous Gardener service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Gluttonous Gardener service impossible or impractical.
2. We exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Gluttonous Gardener service, whether arising in contract, tort (including negligence), under statute or otherwise provided that nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the products supplied.
10. AGE RESTRICTED PRODUCTS
1. The purchase of certain products made available on the Website are subject to age requirements specified by law. We are not permitted by law to supply these products to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these products or services through the Website.
By placing an order for any of the following products you confirm that you (and, if different, the recipient of the product and/or service) satisfy the age requirements necessary to buy that product or service:
Alcohol. Alcohol can only be purchased by, and for, individuals aged 18 and over.
11. CUSTOMER AND RECIPIENT PERSONAL INFORMATION
1. To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information.
3. During the checkout process, we ask for the following personal information:
1. Customer's email address. We use this information to provide a better customer experience by sending order confirmations, substitution information, dispatch confirmations and delivery confirmations. We will also use the customer's email for marketing communications from time to time. Please ensure that email addresses are accurate.
2. Customer's full name and address.We use this information for credit and debit card validation.
3. Customer's telephone number. We use this information to contact customers in the event of problems with the order such as payment failures or delivery issues.
4. Recipient's full name and address. We require this information in order to deliver the gift you have ordered. It is vital that the recipient's address is accurate.
1. We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Gluttonous Gardener site and/or the Gluttonous Gardener service from time to time. We will post any changes on the Gluttonous Gardener site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Gluttonous Gardener service or Gluttonous Gardener site.
Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new Terms and Conditions.
2. Additionally, we reserve the right to suspend, restrict or terminate access to the The Gluttonous Gardener site and/or the Gluttonous Gardener services for any reason at any time.
3. These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Gluttonous Gardener site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
4. A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
5. In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
6. Your purchase will be deemed to have occurred in the UK if the delivery was to an address in the UK. In the event of a delivery to an address in the UK, these Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
7. In the event of a delivery to an address outside of the UK, these Terms and Conditions shall be governed by and construed in accordance with law of the delivery country and the parties agree to submit to the exclusive jurisdiction of the courts of that country.
8. Thank you for your order, and we hope your Gluttonous Gardener experience will be a positive one. 12. COPYRIGHT
All content included on this site including text, graphics, logos, button icons, software and images is the property of The Gluttonous Gardener or its content suppliers (as applicable) and protected by UK and international copyright laws. Hence reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited apart from use as a shopping resource.
13. REGISTERED OFFICE AND TRADING ADDRESS
The Gluttonous Gardener, Vitis House, 50 Dickens Street, London SW8 3EQ
Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
The Gluttonous Gardener may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
1. WHAT WE COLLECT
We may collect the following information: a) Name, b) Contact information including email address, c) Demographic information such as postcode, preferences and interests, d) Other information relevant to customer surveys and/or offers.
2. WHAT WE DO WITH THE INFORMATION WE GATHER
1. We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
1. Internal record keeping.
2. We may use the information to improve our products and services.
3. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
2. We may periodically send promotional mail about new products, special offers or other information which we think you may find interesting using the billing address which you have provided.
3. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail. We may use the information to customise the website according to your interests.
4. From time to time, we may use remarketing and behavioural targeting services. In order to do these, we collect cookies and usage data as described below. These cookies connect activity on this website with select advertising networks.
1. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
1. A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
2. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
3. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
4. Specific cookies that may be used on our site include:
Google Adwords/Doubleclick, MSN/Bing, Yahoo (Right Media, Gemini), Twitter, Facebook, Linkshare, HotJar, SiteGainer
Please note that if you wish to share a product on a third-party website (such as Facebook, Twitter etc) you may be sent cookies from these websites. We don't control the setting of these cookies, so we suggest you check the third-party websites for more information about their cookies and how to manage them.
5. LINKS TO OTHER WEBSITES
1. Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
6. CONTROLLING YOUR PERSONAL INFORMATION
1. You may choose to restrict the collection or use of your personal information in the following way.
2. Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
3. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org.
4. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
5. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to The Gluttonous Gardener, Vitis House, 50 Dickens Street, London, SW8 3EQ.
6. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.