Terms & Conditions

These are the terms and conditions for this website.

23/03/2022

The website Thepalmgrower.co.uk is operated by The Palm Grower referred to as The Palm Grower. As a user of this website you acknowledge that any use of this website by you including any transactions you make is subject to our terms and conditions below.
By using this website you confirm that you are at least 18 years old or if you are not at least 18 years old, that you have the authority/consent of your parent or guardian to do so.

Please make sure you:

Read through these terms and conditions carefully before using this website as your use of the website will signify your agreement to be bound by them.

Print a copy for future reference.

1.   General
1.1  

We reserve the right to change these terms and conditions at any time. Any such changes will take effect from when they are posted on the website (see date at the top) and

it is your responsibility to read the terms and conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be

bound by the latest terms and conditions.

1.2   If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
2.   Cookies
   

To ensure that items are placed in to your Shopping Bag and orders are processed correctly, you will need to have your cookies enabled. This will also allow you to register

your details with our site.

Cookies are small pieces of information that are stored by your browser on your computer hard drive.

We also use cookies for the following reasons:

To identify you as you travel around our site.

To provide site usage information, which together with purchase information, will further help us improve and develop the products and service which we offer.

No recognisable personal information is stored in the cookies that can link it back to an individual.

3.   Delivery
3.1   This website is for delivery of products to customers World Wide.
3.2  

We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall be under

no liability for any delay or failure to deliver the products within estimated timescales. We always try to delivery within 28 days, and will always try to contact you

to notify you if this is not possible.

3.3   Risk of loss and damage of products passes to you on the date when the products are delivered.
3.4   The Palmgrower is not responsible for any customs TAX/fee upon entering in the country the buyer is in, nor will any refunds be made if the seeds are seized or returned.It is the buyers responsibility to pay the duty.
4.   Payment
4.1  

We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability.

In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

4.2   The price you pay is the price displayed on this website at the time we receive your order.
4.3   Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.4   All prices exclude delivery charges, unless expressly stated.
4.5   All plant heights quoted include pot, unless expressly stated
5.   Intellectual Property
5.1  

You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available as part of your

use of this website shall remain at all times vested in us or our licensors (as appropriate). You are permitted to use this material only as expressly authorised by us or our

licensors (as appropriate). The content of this website (including without limitation any text, video, audio, audio-visual materials and graphics) may not be copied,

reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below.

5.2  

You acknowledge and agree that the material and content contained within this website is made available for your own personal and non-commercial use and that you may

only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly

prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create

derivative works of such material and content.

6.   Liability and Indemnity
6.1  

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability

may not otherwise be limited or excluded under applicable law.

6.2  

Subject to Section 6.1 above, We will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind

(whether express or implied statutory or otherwise) regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected,

or that the site or the server from which it is made available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website

Thepalmgrower.co.uk will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability

of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

6.3  

Subject to Section 6.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out

at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

6.4  

Subject to Section 6.1 above, we will not be liable whether in contract, tort (including, without limitation, negligence), pre-contract or other representations

(other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these terms and conditions for any:

Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings);

Incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

6.5  

Notwithstanding the above, subject to Section 6.1 Our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a

sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

6.6   This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
6.7  

We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused

as a result of unauthorised access to information provided by you.

7.   Miscellaneous Provisions
7.1  

The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England.

English is the only language offered for the conclusion of the contract.

7.2  

Square processes all debit, credit and charge card payments for customers and will retain a handling fee from the transaction value. The remaining amount will be paid to

The Palm Grower for the goods and services supplied. The total amount payable by all customers regardless of the means of payment will be the same, as

The Palm Grower will be incurring the cost of the handling fee on your behalf.

7.3  

The Palm Grower shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions

if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond its reasonable control.

7.4  

To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that,

as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not

responsible or liable, directly or indirectly, for:

  i. The privacy practices of such websites,
  ii.

The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites

or resources or

  iii.

The use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with,

the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

 

 

7.5

 

 

 

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed

upon in writing by The Palm Grower

7.6  

The Palm Grower reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions

or any related contract to any third party.

7.7  

If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the

other sections of these terms and conditions shall not be affected.

7.8  

These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts

(Rights of Third Parties) Act 1999) except:

  a. The Palm Grower shall have the right to enforce any rights or benefits under these terms and conditions;
  b. The Palm Grower shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
  c. A person who is a permitted successor or assignee under Section 7.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
  d.

No consent from the persons referred to in Section 7.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or

extinguishes rights or benefits in favour of such third parties).

7.9  

No delay or failure by The Palm Grower to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or

partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised

representative of The Palm Grower.

7.10  

These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and

agreements between you and The Palm Grower relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding

between you and The Palm Grower for your use of this website

The ThePalmGrower.co.uk website is operated by The Palm Grower:

The Palm Grower
40 Hunter Road

Willesborough

Ashford

Kent, TN24 0RY

We recommend you print out a copy of these terms and conditions for your future reference. If you have any questions regarding this website please contact us at vic@thepalmgrower.com

For customers purchasing seeds to be exported from the UK to the USA then please note we strongly advise you fill in a customs form, its free and available here you can then simply send us the documents, we affix to your purchase. If you do not wish to do this then we except no responsibility for seized products.

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