GREENFIELDS CHRISTMAS TREES LTD

Conditions of Sale and Returns Policy for products bought in person from Tree Amigos retail outlets or online at http://www.treeamigos.org

  1. INTERPRETATION

    In these Conditions of Sale the following words and phrases shall have the following meanings, unless the context otherwise requires:

    "BUYER" means the person, firm, partnership, limited liability partnership, corporation or company who/which has accepted a quotation of the Seller for the sale of the Goods, or whose order for the Goods is accepted by the Seller.
    "GOODS" means the goods which are to be sold and bought under the Contract (the quantity and specification of which shall be as stated in the Contract).
    "SELLER" means Greenfields Christmas Trees Ltd.
    A company registered in England and Wales with registered number 6383179 whose registered address is 838 Ecclesall Road, Sheffield, S11 8TD.
    The registered VAT number is 916102460. The Tree Amigos, TreeAmigos and www.treeamigos.org are trading names of Greenfields Christmas Trees Ltd.
    The website is operated by Greenfields Christmas Trees Ltd.
    You can contact Greenfields Christmas Trees trading as The Tree Amigos by email on info@treeamigos.org.
    "CONDITIONS" means the Conditions of Sale set out in this document.
    "CONTRACT" means the contract by which the Seller has agreed to sell and the Buyer has agreed to buy the Goods, consisting of the Seller's quotation and the Buyer's acceptance or written acknowledgment of the same, or the acceptance by the Seller
    of the Buyer's order, as the case may be, duly incorporating the Conditions.
    "WRITING" includes e-mail, facsimile transmissions and any other comparable means of communication.

    The headings in these Conditions are for convenience only and shall not affect their construction.

  2. BASIS OF SALE
    Any variation of the Contract and/or these Conditions shall have no legal effect unless expressly agreed in writing and signed by an authorised signatory of the Seller.
  3. ORDERS AND SPECIFICATIONS
    1. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller and the Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer.
    2. By clicking on the ‘confirm’ button on the Seller’s website shop to submit an order, or by accepting the quotation, the Buyer is consenting to be bound by these Conditions of Sale.
    3. The quantity, quality and description of the Goods shall be as set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
    4. Personal details are required for online orders, including accurate postcode, email address, contact telephone number (together with those of the intended recipient if different) and all necessary payment details.
    5. Any specifications, advertising material and any descriptions and illustrations contained in the Seller’s catalogues, websites, pricelists or brochures (“the Specifications”) are issued for the purposes of giving an approximate idea of the Goods available for sale on retail outlets or those to be delivered. The Goods are natural products and therefore the Seller cannot guarantee that the appearance and/or colours shown in the Specifications exactly reproduce the appearance and/or colours of the Goods sold. The Seller can however guarantee that the Buyer will receive a premium quality product and for all internet orders the Seller will take three trees from premium graded stock and send out the best tree from that selection. If the Buyer prefers a particular shape or weight of Christmas tree it may be best selecting a Christmas tree from one of the Seller’s retail outlets.
    6. All sizes quoted are approximate.
    7. All cut Christmas trees are sized to halfway up the leader (the pointy stem at the top of the tree where your fairy sits). Your cut Christmas tree may be up to half a foot taller than the measurements shown on our price guides and website, and in the Specifications.
    8. All Pot Grown Christmas trees are measured from the base of the pot to the tip of the leader (the pointy stem at the top of the tree where your fairy sits).
    9. Packaging may vary from any shown on the Sellers website; any weights, dimensions and capacities shown on the website are approximate.
    10. Adhering to the Seller’s ‘tree care’ guide forms part of these Conditions. Christmas trees are ‘perishable goods’ and have a limited display life. Put your tree up as close to Christmas as possible to ensure a fresh healthy looking tree over the festive period. If you want to display your tree for a prolonged period you may have to replenish it with a fresh tree.
    11. The Seller cannot be held responsible for the deterioration of any Norway Spruce tree. The Seller does not recommend Norway Spruce for indoor use and advises The Buyer to purchase any Norway Spruce as close as possible to Christmas as needle loss should be expected.
    12. The Seller cannot be held responsible for any living (pot grown) tree that dies after 25th December of the year of purchase.
    13. Christmas trees are grown in a natural environment and are harvested in all weather conditions. Please take care when unpacking Goods as the Seller will not be held responsible for any damage caused by debris that may fall.
    14. Care should be taken when handling Goods. The safe use of Goods is the Buyer’s responsibility and the Buyer accepts that any loss or damage arising from its use will be the Buyer’s responsibility. Please be aware that needles from the Norway Spruce can occasionally cause a mild skin irritation.
    15. The Contract will be subject to the provisions of The Sale of Goods Act 1979 (and amendments thereof) (“the Act”) and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”).
    16. Cut and Pot Grown Christmas Trees are Perishable Goods for the purposes of the Act and the Regulations.
    17. Additions to Orders
      If an order value is under £200 the Buyer may add items to an order or change the delivery details up to 48 hours before Goods are due to be delivered/collected. Email sales@treeamigos.org quoting the order number to request any additions. After this time it will be at the Seller’s discretion whether additions can be made. Changes to orders in excess of £200 must be confirmed in writing to the Seller at least 5 days prior to the date and time of dispatch of Goods or an administration fee of 50% of the value of the order will be levied.
    18. Cancellation and Return of Orders
      The Buyer acknowledges that it shall not have a cancellation right for Perishable Goods under the Act or under the Regulations; however the Seller offers the following provisions:

      1. Cancellation and Return of Perishable Goods before Delivery (includes all real pot grown and cut Christmas trees)
        If the Buyer changes its mind the Seller will accept cancellations no less than 48 hours before due delivery. The Seller requires notice of the cancellation in writing t sales@treeamigos.org and the Buyer will receive a full or part refund.
        No order for Perishable Goods which has been accepted by the Seller may be cancelled by the Buyer except at the Seller’s discretion and with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour), damages, charges and expenses incurred by the Seller as a result of cancellation.
        The Buyer is entitled to cancel any payment at any time where fraudulent use has been made of its credit or debit card.
      2. Cancellation and Return of Non-perishable Goods before Delivery (excludes Christmas trees)
        If the Buyer changes its mind before delivery the Seller will accept cancellations in writing to sales@treeamigos.org and the Buyer will receive a full refund.
        An order for Non-Perishable Goods which has been accepted by the Seller may be cancelled by the Buyer on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour), damages, charges and expenses incurred by the Seller as a result of cancellation.
      3. Cancellation and Return of Perishable Goods after Delivery (includes all real pot grown and cut Christmas trees)
        In accordance with the Regulations and the Act Perishable Goods cannot be cancelled or returned after delivery unless they do not conform to Contract.
      4. Cancellation and Return of Non Perishable Goods after Delivery (excludes all Christmas trees)
        In accordance with the Regulations and the Act only non perishable goods purchased online may be returned if the Buyer changes its mind within 14 days of delivery. The Buyer must return any goods supplied if they cancel the Contract. The cancellation and return period ends fourteen days after the receipt of Goods. Until the Goods are returned it is the Buyer’s responsibility to take reasonable care of them. Goods should be returned with their original packaging, unused and in saleable condition. The Seller requires notice of the return in writing to sales@treeamigos.org. All Goods returned must be accompanied by the original receipt or proof of purchase and the Buyer will receive a partial full or partial refund.
      5. Faulty Perishable Goods (includes all cut and pot grown real Christmas trees)
        The Buyer must notify The Seller that Perishable Goods do not conform to contract within 72 hours of delivery of the Goods. After this time The Seller will have full discretion over any substitution, credit note or refund. Any queries or complaints regarding faults or the quality of Perishable Goods must be raised in writing by the Buyer (by email to info@treeamigos.org) within 72 hours of delivery or purchase. All complaints must be accompanied by proof of purchase and a photograph that clearly demonstrates the concerns being raised so the Seller can quickly assess the claim.
        If the Buyer is unable to provide a photograph it is the Buyer’s responsibility to return the Goods to the Seller.
        Following an inspection of the Goods or the photographs, if it is agreed that the Seller’s tree care guide has been followed and that the Christmas tree is in an excessively poor state considering the date The Seller will issue replacement goods to equal or greater value of the original purchase or if replacing the tree is not possible (for example in the event of a sell out), a credit note for the full purchase value.
        After 14 days from delivery of Goods The Seller cannot be held responsible for problems arising with any Perishable Goods in relation to deterioration, needle drop or branch droop, colour, general product freshness and longevity.
        Pot Grown Christmas trees are not guaranteed past the 25th December of the year of purchase.
      6. Faulty Non Perishable Goods (excludes Christmas trees)
        In accordance with The Regulations and The Act if Goods are found to not conform to contract within 30 days of delivery The Buyer is entitled to an immediate replacement or a full refund.
        Any queries or complaints regarding faults or the quality of Goods must be raised in writing by the Buyer (by email to info@treeamigos.org) within 30 days of purchase.
        All complaints must be accompanied by a receipt or proof of purchase and a photograph that clearly demonstrates the concerns being raised so the Seller can quickly assess the claim.
        If the Buyer is unable to provide a photograph it is the Buyer’s responsibility to return the Goods to the Seller.
        Following an inspection of the Goods or the photographs, if it is agreed that the Goods were not fit for purpose or faulty when purchased The Seller will issue replacement goods to equal or greater value of the original purchase or if replacing the Goods is not possible (for example in the event of a sell out) a full refund will be granted.
  4. DELIVERY
    1. Collection of the Goods by the Buyer shall constitute delivery.
    2. Unless Clause 4.3 hereof applies, the Buyer shall make arrangements for collection of the Goods at the Buyer’s expense.
    3. If the Buyer so requests and the Seller agrees the Seller shall arrange for delivery of the Goods to an address specified by the Buyer.
    4. Any such delivery shall be on the basis that the Buyer shall pay the price in full and in advance to the Seller on demand for all the costs of transportation and insurance of the Goods.
    5. Delivery of Goods, whilst stocks last, will be carried out on 1 December 2016 and 8 December 2016 and 15 December 2016 (“Normal Delivery Days”).
    6. Orders must be placed in writing before 1pm on the day before a Normal Delivery Day for delivery on that Normal Delivery Day.
    7. Orders placed after 1pm on the day before a Normal Delivery Day will be dispatched on the following Normal Delivery Day.
    8. Deliveries will be sent via The Seller or The Seller’s preferred carrier, Monday to Friday.
    9. Delivery of the Goods by the Seller shall be conditional upon free access being available to the Seller’s (or the Seller’s carrier’s) vehicles to the address of delivery. Delivery by the Seller may be made using large vehicles. It is the Buyer’s responsibility to inform the Seller of any access problems no later than 1pm on the day prior to the delivery of the Goods.
    10. If the Buyer requests to re-arrange a delivery the Buyer will be liable for any charges incurred.
    11. If delivery of the Goods is not possible in the opinion of the Seller then the Seller reserves the right to cancel the order without penalty and the Buyer will be liable for any charges incurred.
    12. The Seller will use its reasonable endeavours to meet any quoted date of delivery of the Goods but in making delivery of the Goods time shall not be of the essence of the Contract and the Seller shall not be liable for any loss, costs or expense suffered by the Buyer by reason of any delay in delivery of the Goods.
    13. If the Seller fails to deliver the Goods other than as a result of any cause whatsoever which is outwith the control of the Seller or as a result of the fault of the Buyer then in such circumstances if the Seller becomes liable to the Buyer, the Seller’s liability shall be expressly limited to the excess (if any) of the cost of similar goods to the Buyer (in the cheapest available market) to replace those not delivered over the price of the Goods.
    14. If Clause 4.11 applies and the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault)
      then, without prejudice to any other right or remedy available to the Seller, the Seller at its sole discretion may:

      1. store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurances) of storage; or
      2. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
    15. If the Buyer fails to collect the Goods at the agreed time the Buyer shall be liable for any loss suffered by the Seller due to deterioration of the Goods.
    16. No refunds will be given for orders that are left uncollected at the depot.
    17. If it has been agreed in writing between the Seller and the Buyer that the Seller will deliver the Goods by instalments, each instalment shall be a separate Contract and no cancellation or termination of any one contract relating to an instalment shall entitle the Buyer to cancel any other Contract or instalment.
    18. Delivery personnel are not contracted to install your Christmas Tree or remove any packaging.
    19. Due to December traffic, the Seller cannot predict the time of arrival of Goods. The Seller cannot be held responsible for problems caused by adverse weather/road conditions.
    20. One stand ordered with one Christmas tree will be subject to a refund of the delivery cost for one stand. Only one stand delivery cost per tree purchased will be refunded. Stands are for sale without the purchase of a tree, however the full delivery cost will be incurred for each stand ordered.
  5. PRICE OF GOODS
    1. Prices shown include VAT at the current rate.
    2. Where no price has been quoted (or a quoted price is no longer valid), price is on application.
    3. All prices quoted are valid for 7 days or until earlier acceptance in writing by the Buyer after which time they may be altered by the Seller without giving notice to the Buyer.
    4. The Seller reserves the right to amend all prices and conditions at our discretion and without notice.
    5. All prices are given by the Seller on an ex stock basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.
  6. TERMS OF PAYMENT
    1. Payment is due in full before delivery.
    2. Unless an agreement has been reached under Clause 5.6 below the Buyer shall pay for the Goods by PayPal, by bank transfer or by Visa, Maestro and Mastercard credit/debit card before delivery of the Goods. Please call the office on 0330 1330 308 when you are ready to make payment if you are paying by card or bank transfer.
    3. All card payments will be subject to a charge of 1.95%.
    4. Payment by cheque may be accepted but no delivery of the Goods will be made until the Buyer’s cheque has cleared in the Seller’s bank account which may take 7 days.
  7. RISK, LIEN AND TITLE
    1. The risk of any loss or destruction of, or any damage to the Goods shall pass to the Buyer on delivery:- where Clause 4.2 applies when the Goods are collected by the Buyer from the Seller’s premises; where Clause 4.4 applies, when the Seller delivers the Goods.
    2. Notwithstanding the provisions of Clause 7.1, in the event of all or any of the Goods being lost or destroyed in transit or rightfully rejected by the Buyer and provided such event is notified to the Seller within three days, the Seller shall treat its contractual obligation as continuing and deliver a similar quantity of Goods on the terms hereof.
    3. Without prejudice to the terms of these Conditions, the Seller shall have a lien or right to withhold delivery of the Goods to the Buyer or such part of the Goods as are in the possession of the Seller or in transit until payment in full of the price of the Goods, Value Added Tax thereon and the costs of transportation and insurance is received.
    4. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, title and ownership in the Goods shall remain with the Seller until the Seller has received in cash or cleared funds payment in full of the price of the Goods, any applicable Value Added Tax thereon and the cost of transportation and insurance and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
    5. Until title and ownership in the Goods pass to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those other goods of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.
  8. WARRANTIES AND LIABILITY
    1. The Seller warrants to the Buyer that the Goods shall, at the time when the Buyer is notified that they are ready for collection (or at the time of dispatch, as the case may be):
      be of satisfactory quality within the meaning of the Act;
      be reasonably fit for purpose; conform to the description expressly stated in the Contract or, where applicable, to the sample exhibited by the Seller before the Contract is entered into.
    2. The Buyer’s rights under Clause 8.1 shall not be assignable
    3. Any claim by the Buyer against the Seller for Perishable Goods under Clause 8.1 must be made by notice in writing given to the Seller within 72 hours from delivery failing which the Seller shall not have any liability in respect of the Goods and the Buyer shall be bound to pay the price.
    4. The Buyer shall not be entitled to make any claim in respect of the quality of the Goods after they have been sold by the Buyer to a third party unless a retail guarantee has been agreed between the Buyer and the Seller.
    5. Where a dispute arises between the Buyer and the Seller as to the quality of the Goods, the matter shall be referred, failing agreement between the parties, to two independent experts appointed by The Horticultural Trade Association and The British Christmas Tree Growers Association respectively. The decision made by the experts shall be binding on the parties who shall bear the costs of such process in equal shares.
    6. Goods delivered on pallets must be removed from the pallets by the Buyer and placed in vertical position within 72 hours from the time displayed on the Seller’s (or the Seller’s carrier’s) delivery note signed by the Buyer’s representative. If the Buyer fails to remove the Goods from the pallet and/or place them in vertical position within the 72-hour period, the Seller will not be liable in any way whatsoever for any deterioration of the Goods’ condition or continuing quality.
  9. INSOLVENCY OF BUYER
    1. This clause applies if:
      the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or has a Trustee in Sequestration appointed or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or the Buyer ceases, or threatens to cease, to carry on business; or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer in writing accordingly.
      If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel immediately without any prior intimation to the Buyer, the Contract or suspend any further deliveries under the Contract without any liability to the Seller, and if the Goods have been delivered but not paid for the Buyer shall, at the option of the Seller, make any Goods still at this premises available for collection by the Seller and the price for the Goods shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary, credit to be given for any Goods collected by the Seller.
  10. GENERAL CONDITIONS
    1. All communications between the Seller and the Buyer in relation to the Contract must be in writing and delivered by first class post, facsimile transmission or e-mail:
      in the case of communications to the Seller to the Seller’s Registered Office (if is a company) or such other address as shall be notified to the Buyer by the Seller; or in the case of communications to the Buyer to the Registered Office of the Buyer (if it is a company) or to such other address of the Buyer as shall be notified to the Seller by the Purchaser.
    2. Communications shall be deemed to have been received:
      if sent by first class post, 2 days (excluding Saturdays, Sundays and UK public holidays) after posting
      if sent by facsimile transmission or e-mail on a working day by 4:00pm, at the time of transmission, and otherwise the next working day..
    3. No waiver by the Seller of any breach of the Contract by the buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
    4. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

The Contract shall be governed by English law.

WEBSITE

These terms and conditions apply between you, the user of the website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Greenfields Christmas Trees trading as The Tree Amigos, the owner and operator of this
Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either
(i) employed by Greenfields Christmas Trees Trading as The Tree Amigos and acting in the course of their employments or
(ii) engaged as a consultant or otherwise providing services to Greenfields Christmas Trees trading as The Tree Amigos and accessing the Website in connection with the provision of such services.

Intellectual Property and acceptable use:

All content included in the Website, is the property of Greenfields Christmas Trees trading as The Tree Amigos, our affiliates of other relevant third parties. In these terms and conditions, Context means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears or forms part of this Website, including such content uploaded by users. By continuing to use this Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may for your own personal, non-commercial use only, do the following: retrieve, display and view the content on a computer screen.
You must not otherwise reproduce, modify, copy, distribute or use for your commercial purposes any Content without the written permission of Greenfields Christmas Trees trading as The Tree Amigos.

Prohibited use:

You may not use the Website or any of the following purposes:

(a) in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

(b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order.

(c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration:

You must ensure that the details provided by you on registration, where available, or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details in writing to info@treeamigos.org to ensure that we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing to info@treeamigos.org. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect your statutory rights.

Privacy Policy

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.

We shall only use personal data received for the purpose of fulfilling our obligations to you, except where required to do so by law or other applicable stature.
We may from time to time send you an email announcing new Tree Amigos products, features and services. Except stated above The Tree Amigos will not send you email that you have not agreed to receive.

Cookies

A cookie is a small text file stored by your web browser on your computer (or laptop, phone, etc.) when you use our website.
Cookies are used to provide customised content, access to the full functionality of the website and information on the use of the website.
By using our website, you agree that we can place the following types of cookies on your computer – strictly necessary cookies (essential to the operation of the website), performance cookies which collect anonymous information about the usage of our website and functionality cookies which allow the website to remember choices you make.
Should you wish to restrict or block cookies which are set by our website you can do this through your browser settings. The ‘help’ function
within your browser or the manual that comes with your device should tell you how.
You may also wish to visit aboutcookies.org which contains comprehensive information on how you can do this on a wide variety of browsers.
Please be aware that restricting cookies may impact on the functionality of our website.

We use the following cookies on our website:
_utma, _utmb, _utmc, _utmz, _utmv – Set by Google Analytics, these cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. No personally identifiable information (PII) is collected.
Read more about Google Analytics…
PHP Session Cookie – To track the users session, enable some functionality of the website and enhance the user experience.
WooCommerce Cookies – These are used when you add items to your cart and when you checkout.
No personal information is stored within these cookies. Disabling them may mean some website functionality is lost.

Cookies set by third parties
We may use a number of social media tools and external applications to enhance your interaction with this website – for example, embedding videos from YouTube, providing a Google +1 button, a Facebook ‘Like’ button or a Twitter ‘Follow us’ button’.
As a result, you may be sent cookies from these third party websites. We do not control these cookies and we suggest you check these third party websites for more information about the cookies they use.
Please see above for guidance on how you can switch off or delete cookies.
Please note: If you choose not to disable cookies in your web browser you are agreeing to us using them on our website.

Availability of the Website and disclaimers:

Any online facilities, tools, services or information that Greenfields Christmas Trees trading as The Tree Amigos makes available through the Website (the Service) is provided “as-is” and on an “as available” basis.
We give no warranty that the Service will be free of defects and/or faults.
To the maximum extent permitted by the law, we provide not warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Greenfields Christmas Trees trading as The Tree Amigos is under no obligation to update information on this website.
Whilst Greenfields Christmas Trees trading as The Tree Amigos use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all users take responsibility for their own security, that of their personal details and their computers.

Greenfields Christmas Trees trading as The Tree Amigos accepts no liability for any disruption or non-availability of the Website.

Greenfields Christmas Trees trading as The Tree Amigos reserves the right to alter, suspend or discontinue any part of (or the whole of) the Website, including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of Liability

Nothing in these terms and conditions will:

(a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;

(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or

(c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Greenfields Christmas Trees trading as The Tree Amigos accepts no liability for any of the following:

(a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

(b) loss or corruption of any data, database or software;

(c) any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy above contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The contracts (Right of Third Parties) Act 1999 shall not apply to these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any
other, right or remedy. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.

NOTHING IN THESE CONDITIONS SHALL AFFECT THE BUYER’S STATUTORY RIGHTS.

This document is for use only by members of the British Christmas Tree Growers Association. Amendments were made to this document and pages were inserted by Greenfields Christmas Trees Limited on 16/10/2016. The BCTGA own the copyright of the original
document.