Terms & Conditions - Rutland Nursery

Introduction

These terms and conditions (Terms) apply when you buy and/or use our gift cards (Gift Card).

You agree to be bound by these Terms which form a binding contractual agreement between you and us, Rutland Water Garden Nursery Limited, being a company registered in England and Wales with company number 02380250 and registered office C/O C.S. Ellis (Holdings) Limited Wireless Hill, South Luffenham, Oakham, Rutland, England, LE15 8NF, UK, VAT number 576 5981 79 (Rutland Nursery, our, we or us).
- If you are using our website (Website) to access any of our Gift Cards you are also bound by our Website Terms and Conditions available on our Website.
- We may change these Terms at any time without prior notice to you by updating this page of the Website. The version of these Terms that was current at the time you activated your gift card will apply to your use of your Gift Card and you agree to be bound by such Terms. We encourage you to check these latest version of these terms each time you activate a Gift Card.
purchasing your gift card
- You may purchase a Gift Card either on our website or in-store.
- Our Gift Cards are both physical items with a digital option and we do not offer electronic Gift Cards.
- To the maximum extent permitted by law, Gift Cards are non-refundable for change of mind.
activating your gift card
- Before you can redeem your Gift Card, your Gift Card must be activated.
- If you purchase your Gift Card in-store, we will activate it for you on purchase.
- If you purchase your Gift Card via our Website, your Gift Card will be activated once you have signed for delivery.
gift card RULES
- Gift Cards are obligation and commitment free. You do not have to use your Gift Card.
- Gift Cards are valid for 18 months from the date of activation. Any remaining balance on a Gift Card after this time will not be refunded.
- Gift Cards can be used for all eligible goods and services in-store (including our homeware/giftware department, restaurant and plant shop) and on our Website. Rutland Nursery shall determine eligible goods and services available for purchase by Gift Cards at its absolute discretion.
- You can not use a Gift Card to purchase another Gift Card.
- Gift Cards are not legal tender, account cards, credit or debit cards or securities. They cannot be exchanged or redeemed for cash, a discount or anything else other than the goods and services we sell in-store or on our Website.
- If you do not use the full balance of the Gift Card in a transaction, you will not be provided a refund for the remaining balance, nut you can use the remaining balance for future purchases.
- Gift Cards are reloadable, meaning that at any time you may add additional funds to your Gift Card. If you add additional funds, these Terms will continue to apply. You may only reload a Gift Card in-store.
- Your Gift Card may only be used to make purchases up to the remaining unspent value of the Gift Card (Remaining Card Value). If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using another payment method.
- You can check the Remaining Card Value and transaction history by contacting us (either in-store or by phone).
- If your Gift Card is lost, damaged, destroyed, stolen or used without your permission, you acknowledge and agree that it will not be replaced or refunded.
- We may withdraw or cancel the Gift Card and require an alternative form of payment if we suspect that the Gift Card may have been stolen or fraudulently used. Further action may also be taken.
- Any goods paid for using a Gift Card that are subsequently returned for a refund will be credited to the original Gift Card or in the event that you have discarded or misplaced your original card, issued on a new Gift Card.
- For returns where part payment was taken from a gift card, the refund will be credited to your gift card in the first instance.
- If a partial refund is made for any purchase using a Gift Card and another method of payment, then any refund amount owing will be credited to the Gift Card in the first instance.
- If the total to be refunded is more than originally paid by Gift Card, then any remaining refund balance will be refunded to the other method of payment used by you (i.e. debit/credit card or cash).
delivery
- If you are purchasing your Gift Card via our Website (Online Order), then delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
- For information on delivery options and costs, visit our Website. During the online checkout process, you will be given available delivery options to choose from.
- The estimated date and time window for delivery of your Gift Card is set out on our Website, and in your Online Order.
- If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
- Delivery will take place to the address provided by you when you placed your Online Order with us.
- Unless we agree in writing otherwise, if we cannot deliver your Gift Card within 30 days after you placed your Online Order, we will:
  - let you know;
  - cancel your order; and
  - give you a refund.
- You are responsible for your Gift Card once it has been delivered to the address specified by you when you placed your Online Order. In other words, the risk in the Gift Card passes to you when you take, or a third party notified by you takes, possession of the Gift Card.
- Third party courier terms apply to the delivery of the Gift Card to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. Subject to the other provisions of this clause 5, all delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
- At this time, Rutland Nursery only delivers Gift Cards within the United Kingdom.
right to cancel – for online orders ONLY
- This clause only applies:
  - if you are a consumer (defined below); and
  - for Online Orders (e,g orders made at a distance).
- For many contracts for the sale of goods, you have the right to cancel these terms (as they relate to the good) within 14 days without giving any reason.
- As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, your right to cancel starts from the moment we accept your Online Order until 14 days after you (or a third party other than the carrier and indicated by you) receive your Gift Card(s).
- We cannot accept refunds beyond the 14-day cancellation period.
- The right to cancel can only be made on Gift Card(s) that have the full purchase value remaining. If you use the Gift Card(s) in part or whole then we cannot grant you a refund.
- To exercise your right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us in writing, for example by emailing us using the contact details available on our website.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- Subject to clause 6(e), if you wish to cancel this contract we will reimburse you all payments received by you, including the cost of delivery to the same method of payment for issuing any refund owed to you using the method you used for your initial payment, unless we have expressly agreed otherwise.
- We will pay any refund owed to you without undue delay, and not later than:
  - 5 business days after the day we received back from you any Gift Card supplied;
  - (if earlier) 5 business days after the day you provide evidence that you have returned the Gift Card; or
  - if there was no Gift Card supplied, 5 business days after the day on which we are informed about your decision to cancel this contract (if applicable).
- For any valid cancellation under this clause , we may withhold reimbursement until we have received the Gift Card back from you or you have supplied evidence of having sent back the Gift Card, whichever is the earliest.
- For the purposes of this clause and otherwise in these Terms, “consumer” means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.

complaints

If you have any issues with your use of Gift Cards, please contact us at [insert].

dispute resolution
- A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
- A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
- Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
Intellectual Property
- Rutland Nursery retains all intellectual property rights in the design of the Gift Cards, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Gift Cards.
- In this clause 8 , “intellectual property rights” means copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.

third party terms and conditions You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.You agree to any Third Party Terms applicable to any third party goods and services, and Rutland Nursery will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

privacy & DATA PROTECTION

Personal data relating to your purchase or use of a Gift Card will be used in accordance with current applicable data protection and privacy legislation and our Privacy Policy which can be found at [insert link].

liabilityNothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.To the maximum extent permitted by applicable law, Rutland Nursery excludes all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the use of our Gift Cards or the Website.

interpretation
1. (Governing law & jurisdiction) This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
1. (Amendments) These Terms may only be amended by Rutland Nursery in accordance with the Terms.
1. (Third party rights) This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
1. (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
1. (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
1. (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
1. (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
1. (Interpretation) In these Terms, the following rules of interpretation apply:
  1. (singular and plural) words in the singular includes the plural (and vice versa);
  1. (gender) words indicating a gender includes the corresponding words of any other gender;
  1. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  1. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  1. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  1. (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
  1. (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
  1. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  1. (includes) the word “includes” and similar words in any form is not a word of limitation; and
  1. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

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