DAVID AUSTIN ROSES WEBSITE TERMS AND CONDITIONS
THE WEBSITE, DAVID AUSTIN ROSES AND YOU
This website, found under the www.davidaustinroses.com, is operated by David Austin Roses Ltd of Bowling Green Lane, Albrighton, UK WV7 3HB and references to "we", "us" and "our" shall be deemed to be references to David Austin Roses. References to "you", and "your" shall be deemed to be references to any person placing an order via this website.
GENERAL TERMS AND CONDITIONS
PLACING AN ORDER
By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with or unclear about any aspect of these terms, please contact one of our customer service advisors before placing an order with us either by telephone on 01902 376300, by email at firstname.lastname@example.org or by using the address given below. Calls to customer services may be recorded for training and monitoring purposes.
By placing an order via this website you are making an offer to David Austin Roses to purchase the goods detailed in your order upon the terms described in your order.
Once you have placed an order we will send you a confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and David Austin Roses for the sale of our products will only exist once an order has been accepted, processed and despatched to you. Your credit/debit card account will be authorised when your order is placed and processed and you will be charged for the value of the goods before the items are despatched to you.
Prices and availability of goods are subject to change without notice. However, you will be informed of any changes before payment is taken from your credit/debit card account. A delivery charge will be added to your order value where appropriate. Please see our delivery times and charges.
All dates quoted for delivery are estimated delivery dates only and may be subject to change. We can accept no liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.
GIFT VOUCHERS AND CREDIT NOTES
David Austin Roses gift vouchers are accepted in payment for any of our mail order services, but we are sorry that we cannot currently accept them through our online ordering system. Gift vouchers and credit notes must be sent by post either with the order or after placing your order by calling our customer service team on 01902 376360.
David Austin's gift vouchers can also be redeemed at our plant centre in Albrighton. Please note that our gift vouchers are valid only when buying from David Austin Roses direct and may not be redeemed at any other nursery or shop.
We do not accept gift vouchers which are not issued directly by David Austin Roses.
CONFORMITY OF GOODS
We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.
We endeavour to display through this website all items in our current range. However, occasionally an item will be out of stock and if this is the case this will be highlighted in your shopping basket. You can choose to receive a single delivery if some items in your order are out of stock, please tick the box to request a single shipment in the checkout delivery page. The stock status for your order will also be shown on your order confirmation.
Delivery policy varies as to the product line. Please refer to the ‘Deliveries’ page relevant to the product you require.
TITLE & RISK
Items that you order remain the property of David Austin Roses until we have received payment in full for those items. Risk and liability for the items pass to you on delivery. Title reverts to David Austin Roses in the event that you cancel your order or return items to us in accordance with our returns policy.
YOUR RIGHT TO CANCEL
You have a right to cancel your order in writing within seven days of receipt and receive a refund of all charges. You will then need to return the item(s) by post. Parcels returned by post are returned at your own cost.
RETURNS POLICY (GARDEN & HOME PRODUCTS ONLY)
If you are not entirely delighted with the products that you have chosen you may return them to us within 30 days of receipt. We will be happy to offer you an exchange or, if you wish, a refund provided that the products are returned complete, in perfect condition, unused, and with the original packaging. Items can be returned outside this period if they are found to be faulty but please take extra care to read our Product Care Information page or any specific care instructions provided with your purchase. We cannot accept an item returned as faulty if the appropriate product care instructions have not been followed and the damage caused to the product is clearly due to wear and tear or misuse.
All prices quoted on this website are accurate at the time of publication, are quoted in pounds sterling and where appropriate are inclusive of UK sales tax (VAT) at the current rate. If your order is being despatched to a destination outside the European Union (EU) then your sales tax will be zero. If your order is being sent to a member state of the EU then the selling price will include VAT. You will be responsible for the payment of any customs or import duties levied once the package reaches your destination country.
DISCLAIMER & LIMITATIONS OF LIABILITY
David Austin Roses Ltd does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided above, neither David Austin Roses Ltd nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of David Austin Roses Ltd or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
The limitations of liability in these conditions shall apply equally for the benefit of David Austin Roses Ltd (U.K.) Limited and any other associated company of David Austin Roses Ltd as if references to David Austin Roses Ltd included references to each such associated company.
While David Austin Roses Ltd uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and David Austin Roses Ltd will not be responsible for any errors or omissions or for the results arising from the use of such information. While David Austin Roses Ltd takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, David Austin Roses Ltd will not be responsible nor liable for your use of any other websites which you may access via links within this website. David Austin Roses Ltd does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with David Austin Roses Ltd. The entire liability of David Austin Roses Ltd under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
David Austin Roses Ltd will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
David Austin Roses Ltd may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of David Austin Roses Ltd.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
SITE CONTENT & PRODUCT INFORMATION
Every care is taken to ensure all information we provide on this website is correct and up-to-date. This includes:
• product descriptions and specifications
• pricing and delivery charges (please see specific pricing section below for further information)
• the use of photographic images to show accurate product detail and colour. Please note that the product colours you see will depend on your monitor’s ability to read these colours. We cannot guarantee that your monitor's evaluation of product colour will accurately reflect the product upon delivery.
• consistency of product pricing across all our distribution channels
• availability of stock. Please note, whilst every effort is made to maintain the accuracy of our information on available stock, on occasion discrepancies may occur. Should you place an order for an item displayed as available on our website and this item is in fact out of stock, we will notify you as soon as possible.
At any given time information posted on our website may be subject to inaccuracy or may be out of date. All content provided on the site is subject to change without prior notice.
COPYRIGHT AND TRADEMARK
The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of David Austin Roses Ltd or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may:
Copy, print (one copy only) or download extracts of the material on this website for the sole purpose of using this website in good faith for domestic purposes or placing an order with David Austin Roses Ltd ; and
Copy print (one copy only) or download the material on this website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
LAW AND TERRITORY
These Terms and Conditions and your use of our website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights. This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
David Austin Roses Ltd
Bowling Green Lane
Company Registration No: 2701780
VAT Registration No: GB 159 139 151