These terms and conditions (Terms) explain your rights and obligations in relation to this website located at www.kilnfarm.com (Site) and any goods or tickets purchased through this site. Please read them carefully.
Kiln Farm Nursery is the trading name of EJ and VC Fenton, Kiln Farm, Kesgrave, Ipswich Suffolk. IP5 1BJ
We may change the Terms at any time by posting such changes on the Site. Your continued use of the Site after notice of changes shall mean you are bound by the new terms.
By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts.
b) You are at least 18 years old.
c) You are resident within the United Kingdom.
If you have any suggestions or comments or if you need to contact us, please email us or use the details below:
Our Contact Details:
Your commitment to us
When you confirm your purchase, you are accepting that these terms and conditions form the basis of any contract between Kiln Farm Nursery and yourself.
No contract exists between you and Kiln Farm Nursery for the sale of any tickets until we have received and accepted your order and received payment in full. Once cleared funds are received, we will send you an email acknowledging that we have received the your payment. At that point we have a contract between us.
The description and price of tickets you order will be shown on the Kiln Farm Nursery website at the time you place your order. Prices are in UK Sterling and inclusive of any applicable taxes. There are no surcharges whatsoever. Once you have paid, we will not increase the price of your tickets.
Prices displayed on the site are subject to change without notice. We accept most major credit and debit cards in partnership with our payment gateway.
We regret but we cannot refund your tickets for any reason. Please check your tickets before you finalise the payment.
To ensure that your online shopping experience is secure, your credit / debit card details will be encrypted on a secure server to minimize the possibility of someone being able to read them as they are sent over the Internet.
Limitation of Liability
Kiln Farm Nursery will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unseen event beyond its reasonable control including without limitation Internet and Communication outages, fire, flood, war or act of God.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
Unfortunately we cannot issue any refunds for cancellations.
PURCHASE OF GOODS
This section tells you the TERMS and CONDITIONS on which we supply any of the products available at Kiln Farm Nursery to you. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from us.
Our site is available for use by individuals resident in the United Kingdom.
We reserve the right at any time to add, remove or otherwise vary the countries we sell to. Products are available for local delivery only.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.
Some products are shipped direct from the supplier, and this will be made aware to you on the Product Page and your Order Confirmation. For the purposes of fulfilling your order please note we will share your customer details with the supplier.
Consumer Rights / Cancelling Your Order
To cancel a contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them inclusive of all original packaging, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Availability And Delivery
We aim to despatch goods in stock within one week of receipt of order.
Delivery is to mainland UK for your convenience and speed. If a customer requests that items are to be left, ‘in a shed’, ‘conservatory’, ‘behind the bins’ or other unsecure, un-documented place within the grounds of your home – this is at your (the customers) risk.
You must advise us of any non-delivery of goods within 5 days of despatch.
From time to time delays in delivery are inevitable due to non-availability of products. If we are unable to deliver the goods ordered by you we will notify you or we may, at our discretion, supply or deliver a substituted product or refund any monies paid for such goods.
From time to time product specifications from a manufacturer may change. In such circumstances we will do our best to offer you a similar alternative. All sizes and measurements are approximate and are as provided by the manufacturers specification. We cannot take any liability for the inaccuracy or otherwise in relation to any specifications or measurements provided by a manufacturer or other third party.
Kiln Farm Nursery reserves the right to only deliver to the address where the payment card is registered.
We aim to deliver your order within 3 to 5 working days of order. Otherwise we normally despatch orders one week after being received, or occasionally longer if there are delays outside of our control in which case we will contact you and advise you fully. You must inform us within two working days of receipt if the goods are lost or damaged in transit. You agree that proof of delivery and therefore acceptance of the item supplied by us is sufficient evidence to establish that goods have been received in good condition. If you are unhappy with the condition of the package when it is received, please let the delivery driver know upon delivery.
Tax Charges for orders made from the UK the current rate of VAT will be added where applicable.
Risk And Title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price And Payment
Our prices include VAT but exclude delivery costs, which will be added to the total amount due.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already confirmed.
Kiln Farm Nursery site contains a large number of products and it is always possible that, despite our best efforts, some of the products may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when despatching the product to you. If a product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
Payment for all products must be by credit, debit card or bank transfer. We accept payment with most major credit cards including Mastercard and Visa (but not American Express
Our Return And Refunds Policy
When you return a product in good condition to us we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, however, you will be responsible for the cost of returning the item to us.
In relation to any products returned by you because of a defect these will be either refunded or repaired/replaced at the discretion of the manufacturer of the product in accordance with clause our standard Returns Policy.
Some goods sold by us will have the benefit of the manufacturers warranties. All warranties are subject to the manufacturers terms and conditions. Any defective goods returned to us within the manufacturers warranty period will be repaired or replaced at the sole discretion of the manufacturer and will be subject to compliance with the terms of their warranty. All other warranties and guarantees are expressly excluded so far as the law permits.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
All statutory rights remain unaffected.