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These terms of sale apply to all goods supplied by or via SEM Garden Products Limited, trading as Unwins at Elm House Nurseries. Company No: NI48629, VAT Registration No: GB 843 9140 23.

By using the Unwins site you agree to be bound by the terms and conditions set out below. If you do not wish to be bound by these terms and conditions, you should not use the Unwins Site.

As part of our commitment to ensuring the Unwins site is one you want to visit time and time again we welcome your comments on any of the policies or rules set out below. To contact us please use the Feedback Form on the site.

1. Privacy policy

1.1 Any information supplied by you will only be held and used for our purposes in order to conduct business with you and to improve our level of service. We will not pass on your details to any third party without your express agreement.

1.2 When you order, we need to know your name, email address, delivery address, credit or debit card number and expiry date. This enables us to process and fulfil your orders and to notify you in the event of any queries. We also request your telephone number which allows us to contact you urgently if there is a problem with your order such as a courier having difficulty in achieving a delivery.

1.3 We will only send you emails or other information where you have given us your consent.

1.4 We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to you gathered by us.

1.5 You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct them promptly.

1.6 Should you wish to be removed from our mailing lists all you need to do is contact us and all further contact with you will cease.

1.7 We may use technology to track the patterns of behaviour of visitors to our website. This can include using a "cookie" - this a small piece of information that is stored on your computers hard drive by your browser. You can modify your browser to prevent this happening.

1.8 You can control your own privacy settings in the ‘My Account' section (please login). From here you can choose whether you want to receive mailings and emails from us. If you have any questions about privacy please email us.

2. Security

2.1 At Unwins we take security and privicy very seriously. We use 128 bit SSL encryption to protect your personal data from unauthorised access and misuse. SSL encryption technology is used to protect sensitive transactions such as payments, personal details and your order history.

We have additional security procedures in place to protect the confidentiality, integrity and availability of your user Information:

• 128 Bit SSL Encryption used on all pages where personal information is transferred. (Look out for the padlock)
  

• PCI-DSS approved merchant - this means our website and network are frequently tested by Security Metrics - who are approved by Barclaycard Merchant Services - our credit card payment processor.
  

• ISIS (Internet Shopping Is Safe) and IDIS (Internet Delivery Is Safe) approved - a government backed program which assures that we adhere to a strict set of guidelines in order to give the best customer service. (Click the logos below to read more)
• We will comply with all relevant Data Protection legislation in relation to the period for which we retain your user information

 

         

 

3. Prices and Availability

3.1 Prices quoted are in British pounds (£) and are accurate at the time published but may be subject to change. VAT is included at the current rate where appropriate.

3.2 If the price goes up or down in between you placing and receiving your order, we will honour the original price.

3.3 Products and services are subject to availability and may be withdrawn at any time, including after you have placed your order. If your order cannot be fulfilled we will let you know.

4. Descriptions and Substitutions

4.1 Whilst we make every effort to show and describe our products as accurately as possible, in rare cases the final product may differ slightly. It is rare for the plants we despatch to be in flower - the images are purely for illustrative purposes only.

4.2 We occasionally substitute products of a similar description, where for example the original item becomes unavailable. In the event that you are not happy with the substitute we send you may return this to us immediately for a full refund.

4.3 The term "New" indicates a variety either newly introduced or offered in our catalogue for the first time.

5. Your right of cancellation

5.1 You have the right to cancel the contract at any time up to 14 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.

5.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or contact us section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

5.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns on Line section of the Supplier's website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods the Supplier shall, after receiving notification in accordance with condition 6.2, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier's Returns procedure.

5.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.

5.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.

5.6 You do not have the right to cancel the contract if the order is for consumable goods which, by their nature, cannot be returned, perishable goods, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. Further details can be found here

6. Guarantee

6.1 All our seeds are selected and laboratory tested by our own experts to ensure high germination, quality and purity. All plants and bulbs are hand checked before despatch and will be in good condition at the time of delivery and true to type.

6.2 If anything you receive from us is faulty or damaged we will replace it free of charge or fully refund the cost, reimbursing the postage if we have requested its return. In the unlikely event that you are not entirely satisfied with anything, you can still return it in unused condition within 14 days for a full refund, although in this case return postage costs are not normally reimbursed. In both cases, before returning anything please contact our customer services department.

6.3 If we make any mistake to do with your purchase we will correct the error within 30 days.

6.4 This undertaking is in addition to your statutory rights.

7. Payment

7.1 We accept payment for goods in a number of ways which you will find listed under ‘How To Order'. Payment for the full amount of your purchases is collected at the time of order no matter when the goods are to be delivered. We do this to avoid problems of cards no longer being valid at the date of delivery and to reduce administration costs when orders are fulfilled in stages (and so saving you money in the longer term). Should any items not be available we will refund you the amount in full by the same method as your payment as soon as we are aware of the difference.

8. Risk & ownership

8.1 Risk of damage to or loss of the goods passes to you at the time of delivery to you (or the agreed delivery address), or, if you fail to take delivery at the agreed time, when we tried to deliver.

8.2 You will own the goods once they have been successfully delivered and when we have received cleared payment in full.

9. Liability

9.1 We will not be liable for any loss caused to you by late delivery of plants or other products, or consequential and/or subsequent loss once you have accepted delivery.

9.2 We will not be liable for any loss or damage to goods once they have been delivered in accordance with your delivery instructions.

9.3 This site should only be used for information purposes. We shall not be liable for any damage or loss that may occur in the use of any of the information contained or advice given in this site excepted as stated in the terms and conditions of sale (where applicable) and to the extent that such liability cannot be excluded by law. We are not responsible for the sites accuracy, although every effort has, is and will be made to ensure that the information contained is correct and up to date, nor for its fitness for a particular purpose or the reliability of access to this site.

9.4 We will not be liable for damages or losses resulting from your use of or inability to use this site. Neither do we guarantee that this site will operate free of error or that it is free from computer viruses or any other contaminating computer programme. We will not be liable to you or in breach of contract for delay or failure to perform due to any causes beyond the reasonable control of us or our suppliers, including but not limited to Acts of God, civil commotion, industrial dispute, riots, flood and legislation.

9.5 If you are a business user, you agree to indemnify us, and/or any of our affiliates and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Unwins site.

10. Use of this site

10.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Unwins shall remain at all times vested in us or our licensors. You are permitted to use this material or content only as expressly authorised in writing by us or our licensors. You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.

10.2 If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.

10.3 You acknowledge that by posting materials on the Unwins site you grant to us and our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Unwins site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.

11. Review guidelines

11.1 We want your comments to be heard - so to save you time and effort, please note that we cannot post:

single-word reviews
remarks directed at other reviewers
content not specific to the item being reviewed
remarks that repeat criminal accusations
reviews that are not your own original work or have been previously published elsewhere
content which might be considered defamatory, blasphemous, racist or incendiary
profane or spiteful remarks
sexually explicit or sexually gratuitous comments
reviews submitted by, or on behalf of, companies or Web sites
advertisements or promotional material for other Web sites
phone numbers, postal addresses or URLs
availability, price or alternative ordering or delivery information
personal or critical remarks focussing solely on unwins
Unwins.co.uk reserves the right to remove or refuse to post any customer review it considers inappropriate

11.2 By submitting a review, you represent that the review is your own work, that it is original, and that it is unencumbered by any existing or anticipated contractual relationship; further, you are granting us permission to publish your review on our website, emails and in other marketing communications.

11.3 If you do not wish for your name to be published please use a pseudonym when submitting your review.

11.4 We reserve the right to choose which reviews we publish to the site. Submission of a review is not a guarantee of it being published. We also reserve the right to edit review submissions if, after an investigation, we believe there are incorrect statements based on our understanding and technical knowledge of the products.

12. Changes to the terms

12.1 We reserve the right to remove, modify or change without notice any information on this site from time to time. We may change these Terms and Conditions from time to time and so you should check these regularly. Your use of the Unwins Site will be deemed an acceptance of the terms existing at that time.

13. Governing law and jurisdiction

13.1 These terms and your use of this site are governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.

14. Company Information

14.1 Unwins at Elm House Nurseries is a business of SEM Garden Products Limited whose registered office is Brunel House, 3 Old Street, St Helier, Jersey, JE2 3RG. Company No: NI48629, VAT Registration No: GB 843 9140 23.