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Lavershot Barns General Terms and Conditions  -  November 2020

(NB; - Lavershot Barns is a trading name of FF Retail (GC) Limited)

Refund & Exchange Policy

Although we are committed to selling high-quality products, we hope you will enjoy, there may be times when you wish to have a product refunded or exchanged.

Please make sure that you check your items carefully before you leave Lavershot Barns, as some discrepancies cannot be rectified after you have left.  We also recommend you keep your receipt, as you will need proof of purchase in the event of any after-sales queries.

Lavershot Barns reserves the right to ask for proof of purchase in order to consider a request for refund or replacement product.

If your product is faulty or defective in any way, we will issue a full refund upon proof of purchase with a valid receipt along with the return of product (s) in question.

Refunds and exchanges are available providing the goods are returned in their original condition, undamaged with the original labels on and in a saleable condition within 30 days of the date of proof of purchase.

All items purchased within Sale must be returned within 14 days of the date on the proof of purchase. We are unable to accept any returns or exchanges without proof of purchase.

We guarantee all hardy nursery stock, shrubs and specimens for 5 years with proof of purchase.

Online Sales

For all items that are purchased online, that require a refund or exchange, you can return these to Lavershot Barns.  The above terms apply.

If you are outside of our local area, please contact us online.  One of our team will get back to you within 7 days.

Faulty Products

If you have had the item for less than 30 days and can provide proof of purchase, we will give a full refund using the original payment method.

After 30 days and up to 1 year, we will endeavour to repair the product. If this is not possible, we will offer you a replacement.

If the faulty product cannot be repaired, we will arrange a replacement within one year.

We will always endeavour to display the products and other images on our site as accurately as possible. However, differences in monitors and the device you use to view the website will result in subtle differences in colour and textures.

Colours, therefore, are not guaranteed. If you wish to see a ‘True Match’, please visit our store and speak to one of our team who will be more than happy to assist you.

5 Year Plant Guarantee

Lavershot Barns is committed to providing customers with the best quality plants guaranteed.

We are so sure of the high quality of our plants that we offer a 5-year guarantee on all hardy nursery stock from the date of purchase.

If, after proper care of the plants is carried out (including but not limited to, providing water, fertiliser and insect and disease control) any of these plants fail to establish within 5 years of purchase, the plants will be replaced at the same size and quantity as at original purchase or we will issue a full refund. This is dependent upon proof of purchase with a valid receipt along with the return of plant/s in question. Please note that extreme climate conditions may invalidate this guarantee.

The 5 year guarantee does not affect or alter your statutory rights in any way.

e-Commerce Website Terms and Conditions

Our success is based on making sure you are looked after first – something we are very proud of and will strive to achieve.

Please read these Terms and Conditions carefully before using this website. By accessing and using the Lavershot Barns website you agree to be legally bound by these Terms and Conditions. If you do not agree to be legally bound to the terms below or if you have any questions regarding our terms of use please contact our team who will be pleased to assist with your query.

These terms and conditions do not affect your statutory rights as a consumer. The consumer’s statutory rights are not excluded or limited in any way in accordance with either the Sale of Goods Act 1979 (as amended) or the Consumer Rights Act 2015

These terms and conditions may be changed at any time and will be posted online. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

Lavershot Barns and our suppliers are continuously developing product and therefore reserve the right to amend the specifications of any goods or products without prior notice in relation to future sales. Please email or call ahead to check exact sizes or potential changes as on occasions minor adjustments may have been made by our supplier.

Ordering from Us:

You are deemed to have placed an order with us by ordering via our online checkout process.

As part of our checkout process, you will be given the opportunity to check your order and to correct any errors prior to confirming the order. Once completed, we will send you an order acknowledgement detailing the products you have ordered and the pricing to the e-mail address provided during the ordering process. The order is only accepted by Lavershot Barns upon receipt of a confirmation e-mail.

We may refuse to accept an order:
a) Where goods are not available
b) Where we cannot obtain authorization for your payment
c) If there has been a pricing or description error
d) If you do not meet any eligibility criteria set out in our terms and conditions

Pricing

Prices listed are in £GBP and are inclusive of VAT.
Lavershot Barns may change the advertised price of a product at any time. The price you pay will be the price in force at the time of your order.

Lavershot Barns try to ensure prices displayed on the website are correct at all times. However, should a pricing error arise, Lavershot Barns will inform you if a product's correct price is higher than that stated on your order and you may choose to either proceed with or cancel the order.  Where a mistake has been made with prices online, we have the right to cancel your order in full and process a refund.

Lavershot Barns reserves the right to revise the quoted price in the event of unforeseen and extraordinary expenses for the Company appertaining the goods.

Payment is usually by credit or debit card and is taken when the Order is placed in line with the price featured at the time of purchase and any applicable Delivery charges. This is to protect the Lavershot Barns from card fraud.

Where we charge separately for delivery, the appropriate rates are set out in our pricing structure shown on our website.

All prices stated include VAT at the applicable rate. For orders made outside of the UK, all orders will be charged including the applicable UK rate of VAT. Any UK VAT paid can then be claimed back through your home country

Cancellation, Returns Policy

We aim to offer a no hassle returns policy however our cancellation and return policy varies slightly between our many varied products ranges as set out below:

If you wish to cancel your order please contact our customer services team.  Any order cancellation must be confirmed by email prior to despatch and once despatched the returns policy is as set out below in for the various product categories.

So as to comply with the UK Consumer Contracts Regulations, all orders have a ‘14 Day Cooling Off Period’. The cardholder is liable for all return shipping costs under this right, please contact our team for advice if you wish to exercise this right.

Unless confirmed in writing from Lavershot Barns, all orders must be paid for before delivery or collection. In the event of a custom-made item being ordered, this must be paid for in full prior to delivery or collection. Any shortage of payment will result in the products not being dispatched and Lavershot Barns reserves the right to charge associated costs incurred in time, carriage (including aborted deliveries), and for the custom-made product ordered.

In addition, all returned/exchanged products including the boxes must be in their original condition. Any damage to goods/boxes, or sign of use may result in a reduced refund to the customer.

Should an item arrive damaged, the customer must inform Lavershot Barns in writing within 1 working day of receipt. Lavershot Barns will then advise if the customer if they are to return the goods for exchange (in which case we will advise the most efficient transit method for return and the appropriate cost we will reimburse) or if we are to arrange an exchange via our courier Or transports team. All damages/defects must be reported within 1 working day from the date of delivery or collection.

Cancellations and Return

If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days following the receipt of your order. By law, Lavershot Barns will process your refund as soon as possible and within 30 days at the latest in accordance with your legal rights.

If you wish to cancel a product you have ordered from us, please be aware of the following scenarios and the terms that apply:

“I want to cancel the order prior to dispatch or collection:” by law, you are permitted to cancel your order prior to dispatch or collection but please contact Lavershot Barns as soon as possible so that we can minimize the overheads and inconvenience of any costs incurred. This should be by telephone and confirmed with an email.

“I want to cancel a custom-made order:” Unfortunately, by nature of the product being made to your specified requirements and tastes, we cannot offer refunds on these items.

“I want to return damaged or incorrectly supplied products:” If the products you receive are damaged or incorrectly supplied on delivery or collection, you should notify Lavershot Barns within 24 hours so that we can organise the collection and send out to you replacement without charge to you. We do not make exceptions for instances when the goods have not been opened and/or checked by the customer within the allocated time.

“I have changed my mind on products I’ve received:” If you wish to cancel products that are not damaged or incorrectly supplied, then you must inform Lavershot Barns within seven working days following the date of receipt in accordance with the Distance Selling Regulations. You should be advised that cannot accept responsibility or cost for the organisation, collection and return of products. You are required to take reasonable care of the products and not use them while you organise return delivery. See Customer organised returns.

Customer Organised Returns

If you have changed your mind and wish to return any products to us, please be advised that you have a statutory duty to take reasonable care of the products that you are returning. We reserve the right to bring an action against you in the event you breach this statutory duty. This will be reviewed on a case by case basis but examples include:

Returned products are damaged in transit: If products on the return are lost or damaged in transit, we reserve the right to seek direct costs from you.

Returned products are not suitable for resale: On receipt of the returned goods, Lavershot Barns will inspect and assess the suitability of products for resale and reserves the right to seek payment for the direct cost should you have been negligent in your duty to care.

Please note, Lavershot Barns will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service and with appropriate insurance.

Product Specific Return Information

Any returns due to defects or damages must be notified within 24 hours following from delivery or collection. The damaged items will be replaced within a reasonable period of time and at no cost to the customer. We will require photographic evidence of the damage/defect before any replacement/collection can be instigated.

A customer can exercise their right to return the product under the 14-day return procedure. Lavershot Barns will provide an address for the goods to be returned to, but the customer needs to arrange their own transport for the goods.  Upon receipt, the goods will be checked and if not damaged, a full refund will be processed. Should there be any damage to the returned goods, Lavershot Barns will contact the customer and provide images to confirm the damage and provide an indication of the repair cost before processing a partial refund. Lavershot Barns may be able to arrange collection of the goods, the cost of which will be debited from the original amount paid prior to any refund and will be quoted at cost including VAT.

Warranties

Due to the range of products Lavershot Barns supplies, there are varying warranties applied to different product ranges as set out below, and in all cases, we reserve the right to request photo's accurately detailing the problem if deemed appropriate by Lavershot Barns

All warranties and assistance provided by Lavershot Barns are done so in addition to your statutory rights. Works undertaken during this warranty/guarantee period are not necessarily free of charge and will be subject to the following limitations:
a)  If the problem is deemed by Lavershot Barns to be due to wear and tear or misuse (including commercial use of a domestic product) rather than a manufacturing fault, then charges may be made for rectification. Should there be any claim against this from the customer in this regard then their issue should be taken up with the manufacturer directly and not Lavershot Barns.
b)  Many products come with a warranty registration card upon delivery or collection, this must be completed and registered with the manufacturer for any warranty to be valid.
c)  Should the Lavershot Barns conclude that the repair is the customer's responsibility, the customer will in no way hold Lavershot Barns responsible.  Where a customer has a guarantee/warranty issue we will endeavour to assist wherever practically possible.
d)  Lavershot Barns must be allowed the opportunity to view the goods and alleged fault by photographic evidence or returning the product, as appropriate.
e)  Lavershot Barns accepts no responsibility or liability for products damaged in adverse weather conditions including windy weather.

Licence

You are permitted to print and download extracts from this Website for your own use on the following basis:
a)    No documents or related graphics on this Website are modified in any way;
b)    No graphics on this Website are used separately from accompanying the text.

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Lavershot Barns. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with that stated above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.

Service Access

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.  Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Disclaimer

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website.  We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.  The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

With regards to the use of products obtained via Lavershot Barns website www.lavershotbarns.co.uk, all products should be used and operated as specified in the accompanying instructions and advice.

Liability

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees,  shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any  way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. In addition, any assistance given to the delivery driver i.e. helping lift items off the lorry is done so at the customer's discretion, Lavershot Barns accepts no responsibility for any injury sustained.

Nothing in these terms and conditions shall exclude or limit our liability for
(i) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
(ii) Fraud
(iii) Misrepresentation as to a fundamental matter
(iv) Any liability which cannot be excluded or limited under applicable law.

If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

© Copyright 2020 - Lavershot Barns- All Rights Reserved
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