Terms and Conditions

 

1. THE CONTRACT

1.1.  The below terms of sale applies to all goods and services supplied by Morley Nurseries (Wakering) Ltd & MorleyOnline via its website at www.morleyonline.co.uk out of its premises and registered office at Southend Road, Great Wakering, Essex, SS3 0PU. In these terms “you” and “your” as appropriate refer to the “Customer” being you and “us” and “our” refer to the ”Supplier”, Morley Nurseries (Wakering) Ltd & Morley Online.

1.2.  Morley Nurseries (Wakering) Ltd will accept orders subject to the below Terms & Conditions of sale. Purchases made within store and on the Morley Online website of goods and or services (“goods”) on it means that you comply and agree with these terms and conditions (“terms”). Please read the terms carefully before placing your order and advise that you retain a copy of them for your reference. “Days” refers to working days, being Monday to Friday (5 days a week).

1.3.  A contract will only exist between you and supplier for the sale of any goods and goods once the Supplier has received and accepted the order and the Supplier has received payment in full (in cleared funds). Once the Supplier accepts, there is a binding legal contract between us.

1.4.  Clarification: an acknowledgement of your order placed online will be sent to you via email, but acceptance of your offer to buy the goods/services will not take place until after payment has been received (in cleared funds) to the Supplier. It is at this point that a binding legal contract is created and any contract is subject to these Terms & Conditions.

1.5.  The contract is subject to your right of cancellation (see below).

1.6.  The Supplier may change these terms of sale without notice in relation to future sales.

1.7.  The terms and conditions of business supersede any previously issued terms and conditions by us. 

2. DESCRIPTION & PRICE OF GOODS

2.1.  All descriptions and prices of goods/services you order will be as shown on the Supplier’s website or in the Suppliers store at time you place your order. The price for each product is shown on MorleyOnline.co.uk or clearly instore in GBP (£ Sterling) and includes VAT which will be charged by the Supplier at the then applicable rate which the Customer must pay.

2.2.  Prices do not include delivery services where applicable, this is an additional charge unless stated otherwise.

2.3.  All goods and services are subject to availability.

2.4.  If on receipt of your order made online the goods/services that you have ordered were showing as available/in stock and then are not, the Supplier will inform you as soon as possible and advise you of the next availability date. If you wish to cancel your order at this point, immediately send an email to online@morleynurseries.co.uk stating the below:

    • Name & Contact Number
    • Order Number
    • Reason for cancellation e.g. Out of stock item

On receipt of your email, the Supplier will issue a refund or credit you for the sum that has been paid by you for the goods/services.

2.5.  Please be advised that all efforts are made to ensure that the prices shown on the Supplier website and in store are accurate at the time you place an order. If there is an error found, the Supplier will inform you as soon as possible and offer you a full refund or the option to re-confirm your order at the corrected price. If the Supplier does not receive a confirmation of the updated order or any form of correspondence from you within 7 working days, a cancellation will be automatically processed. If you cancel, the Supplier will issue a refund or credit you for the sum that has been paid by you for the goods/services.

3. PAYMENT & SECURITY

3.1.  Payment for the goods/services (including delivery charges) can be made by any method shown on the Supplier’s website (Paypal & Opayo)  or in store (Verifone) at the time that you place an order. All payments are to be made up front and at the time of purchase. We do not retain any of your bank details and any such information of this type is retained by those third parties providing this service.

3.2.  We do not accept payment by American Express or bank cheque on any good or service sold by us.

3.3.  Delivery will not be scheduled until the cleared funds are received in full for the goods/services ordered.

3.4.  Payments shall be made by you without any deduction whether by way of set-of, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.

3.5.  All major credit and debit cards are accepted in partnerhsip with Verifone.

3.6.  Security of Online Payments: All details entered into MorleyOnline whether it be personal information and or Debit/Credit card details, will be encrypted on a secure server to minimise the possibility of data theft.

3.7.  This clause 3.7 applies to “Business Account Customers” of the Supplier only. It is noted that from time to time the Supplier will allow Business Account Customers to operate outside of the usual terms as stated under this clause 3. Accordingly the following terms will apply to Business Account Customers only:

3.7.1   The Supplier will confirm with a customer whether they are valid to be classed as a Business Account Customer. Only those with the prior written consent of the Supplier will be deemed as Business Account Customers and the Supplier has total discretion to decide when a Customer is no longer a Business Account Customer.

3.7.2   Business Account Customers will not be expected to make payment upfront and/or in full for any goods/services purchased and will receive the goods/services prior to payment is made.

3.7.3   The Supplier will invoice a Business Account Customer on the last business day (meaning a day other than a Saturday, Sunday or public holiday) of every calendar month for any goods or services purchased by a Business Account Customer during that month.

3.7.4   The Supplier will determine when a Business Account Customer has maximised an amount of goods or services on an account. No further goods or services will be able to be purchased by that Business Account Customer until full or part payment of that Business Account Customers account has been made. The Supplier will have total discretion as to any limit on any account of this type.

3.7.5   Where an amount remains outstanding for more than 28 days under this clause then the Supplier reserves the right to claim statutory interest at 8% above the Bank of England interest rate in force on the date any payment to it from the Customer becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as may be amended from time to time.

3.7.6   This clause 3.7 will not extend to indivduals and shall only be available to registered companies and partnerships.

4. HOW DO WE PROTECT CUSTOMER INFORMATION?

4.1.  For credit card transactions,Morley Online uses Opayo Payment Gateway Service who are Level 1 PCI DSS compliant, which sets out the industry standards for maintaining a secure environment. This means that your credit card information you send is being dealt within a secure environment minimising the possibility of fradualant activity.

4.2.  As required by the UK Data Protection Legislation, the Supplier follow strict security procedures in the storage and disclosure of information which you have given to us in order to prevent unauthorised access. All senstive information that is requested will require security procedures to be carried out.

4.3.  Should you have any concerns with regards to the gathering and storing of personal data then please refer to our Privacy Policy and Cookie Policy.

5. DELIVERY

5.1.  Goods that have been ordered will be delivered to the address of the card holder. Delivery will be made by the Supplier only during a normal business day meaning a day other than a Saturday, Sunday and public holiday.  

5.2.  We endeavour to prepare and process orders within 3 working days, but is not always guaranteed.

5.3.  In an instance where stock is not available and or, the balance of the order is out of stock, you will be informed via email or telephone call to be given an estimated availability date.

5.4.  If delivery cannot be fulfilled for reasons under the Suppliers control, you will be notified as soon as possible.

5.5.  If an instance of “Force Majeure” (meaning  an event or sequence of events beyond the Supplier’s reasonable control preventing or delaying it from performing its obligations under the order including (but not limited to) an act of God, fire, flood, lightning, earthquake or other natural disaster or general weather conditions; war, riot or civil unrest, strike, lockout or boycott or other industrial action; interruption, delay or failure of supplies to the Supplier of power, fuel, water, transport, equipment, workmen or telecommunications service, or material required by or for performance of the order) then  the Supplier will not be liable if delayed in or prevented from performing its obligations under the order due to Force Majeure, provided that it promptly notifies the Customer of the Force Majeure event and its expected duration

5.6.  Your delivery of goods is to be signed for unless you have specified special delivery instructions in advance. If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:

    • Charge for the second attempt of delivery
    • If the Supplier does not receive any form of correspondence from you within 5 working days, a cancellation will be automatically processed.

5.7.  All efforts will be made to ensure that orders will be processed as soon as possible, including Click and Collect orders. However, the Supplier will not be liable for any loss or damaged incurred by you through reasonable or unavoidable delay in delivery.

5.8.  Time of delivery will not be stated. You will be offered an AM or PM slot, but no time will be specified, unless otherwise arranged between you and the Supplier.

5.9.  Upon receipt of your order, you will be asked to sign for the goods received are in good condition. If you are unable to check the contents of the package a that current time, please sign for the parcel as unchecked. Failure to do so may affect warranty claims that you make thereafter.

5.10. When your order arrives, ensure that you check for damages and/or shortages, Claims for damages have to be made within 48 hours of receipt of your delievery. Claims for damages and/or shortages made after 48 hours of your delievery arriving, may be refused. This will be upon the Suppliers discretion whether they accept beyond the 48 hours. Date and Times are noted by our delivery team.

6. RETURNS

6.1.  For any returns, claims, shortages and/or damages made in relation to orders made online then you must send an email to online@morleynurseries.co.uk stating the information below:

    • Order Number
    • Detail of the issues
    • Contact Information

Or please bring into store for the Supplier to arrange a refund, credit note and/or replacement – this will be at the Suppliers discretion.

6.2.  For any returns, claims, shortages and/or damages made in relation to goods purchased instore then you must send an email to enquiries@morleynurseries.co.uk stating the information below:

    • Proof of purchase
    • Detail of the issues
    • Contact Information

Or please bring into store for the Supplier to arrange a refund, credit note and/or replacement – this will be at the Suppliers discretion.

6.3.  Keep all packaging from your delivery or purchase, just in case you need to make a claim and/or return.

6.4.  Ensure that you keep a copy of your receipt as proof of purchase – refund and/or claim may not be issued without this, again this would be at the Suppliers total discretion if a refund and/or claim can be processed.

7. TITLE & RISK

7.1.  The goods are at your own risk at the time of delivery. Unless otherwise agreed, the Supplier will unload the goods at the Customer’s own cost and risk.

7.2.  Title of the goods shall not pass to you until the Supplier has received full payment of the Goods (in cleared funds). Until such time as full payment of the goods is received then the Customer (where delivery is made prior to full payment) will hold the goods as bailee for the Supplier, ensure that they are identified as belonging to the Supplier and take all reasonable care of the goods.

7.3.  The Supplier has the right to recover payment for the goods whereby the ownership of the goods has not passed from the Supplier.

8. CANCELLATION & RETURNS POLICY

8.1.  You have the right to cancel the contract between yourself and the Supplier within 14 days after you have received the goods, providing that the goods have not been made to a specific requirement for your own use, fitted, modified or used in any way. They are to be returned in the original packaging and in resalable condition.

8.2.  There are 3 options that you can exercise your right to a cancellation:

    • In relation to goods purchased online only, send an email to online@morleynurseries.co.uk stating your order number, details of issues and your contact information.
    • In relation to goods purchased instore only, send an email to enquiries@morleynurseries.co.uk stating details of issues and your contact information.
    • Or, bring the goods back instore at Morley Nurseries (Wakering) Ltd, Southend Road, Great Wakering, Essex, SS3 0PU.

8.3.  If you exercise your right of cancellation when your goods are in transit, you will be responsible for returning the goods to the Supplier at your own cost. It is your responsibility to ensure the goods remain in the original packaging and in resalable condition.

8.4.  Once the cancellation process has been executed, the Supplier will refund, re-credit or other (at the Suppliers discretion) within 30 days for the sum that has been paid by you for the goods only.

8.5.  If the goods are not returned by you, the Supplier has the right to charge you the sum to recover the goods.

9. WARRANTY

9.1.  All goods supplied by the Supplier are covered by the Manufacturers Warranty only (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.

9.2.  This warranty does not apply to any defect in the goods as a result from – wear and tear, obstinate damage, accident or negligence by yourself or a third party, use otherwise than what was recommended by the Supplier, failure to follow instructions or any alterations as a result of repair carried out without Suppliers or Manufacturers approval.

9.3.  If goods were damaged in transit, you must notify the Supplier immediately via email online@morleynurseries.co.uk (for online purchases); enquiries@morleynurseries.co.uk (for in store purchases), phone 01702 585668 or in store within 14 days. It is your responsibility to ensure that the goods are not damaged further.

9.4.  If the goods develop a defect whilst still under warranty or if you have a complaint, please ensure that you send an email to online@morleynurseries.co.uk for any orders made online and enquiries@morleynurseries.co.uk for any orders made in store.

10. LIMITATION OF LIABILITY

10.1   The Supplier does not limit or exclude its liability:

          10.1.1     for death or personal injury caused by its (or its employees) negligence; or

          10.1.2     each of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982;

10.1.3      for defective goods under the Consumer Protection Act 1987; or

10.1.4      for fraud or fraudulent misrepresentation.

10.2    Subject to clause 10.1 the Supplier total aggregate liability in respect of all claims, losses or damages, whether arising from contract, tort (including negligence) or otherwise under or in connection with the contract shall in no event exceed the amount of the Supplier’s charges for the goods and services under the contract in connection with which such claim is made.

10.3    Subject to clause 10.1 the Supplier shall not be liable for:-

10.3.1 any indirect, special or consequential loss or damage, or

10.3.2 any loss of profit, turnover, business opportunity or damage to goodwill (whether direct or indirect), howsoever arising.

10.4     Without prejudice to the generality of clauses 10.2 and 10.3 the Customer shall indemnify and hold harmless the Supplier from and against all claims, losses, costs, expenses, liabilities, damages, demands, proceedings, legal costs (on a full indemnity basis) and judgments which the Supplier or the Customer suffers or incurs by reason of or arising out of:-

a.    any breach by the Customer of the contract (including but not limited to these Conditions);

b.    any act or omission of the Customer or any third party;

c.    goods or services supplied to the Customer by any third party;

d.    defects or damage to any equipment, delivery location, other goods, equipment, items or premises existing before the date of the contract;

e.    any damage caused to the equipment, delivery location, other goods (including but not limited to parts), equipment, items or premises as a result of Services carried out in accordance with any contract between the Supplier and the Customer.

10.5     Further to this clause 10, If you are a business Customer or Business Account Customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

11. SEVREABILITY

If any part of these Conditions or the Contract is found by a court, tribunal or other administrative body of competent jurisdiction to be unenforceable or invalid for any reason, that provision is to be severed from the Conditions and the Contract and the remaining provisions of the Conditions and the Contract will otherwise remain in full force.

12. NOTICES

12.1   Notices under this Agreement will be in writing and sent to the persons and addresses set out in the Order.  They may be given, and will be deemed received:

12.1.1   by first-class post: two Business Days after posting;

12.1.2   by hand: on delivery;

12.1.3   service will not be accepted by way of email.

13. INTELLECTUAL PROPERTY RIGHTS

All drawings, designs, data, information, reports and other documents provided or produced by the Supplier in connection with the goods and services will remain the property of the Supplier and shall not be copied, reproduced or shared without the prior consent of the Supplier.

14. WAIVER

No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

15. RIGHTS OF THIRD PARTIES

These conditions are not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

16. GOVERNING LAW & JURISDICTION

These conditions will be governed by the laws of England and Wales and any disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.