Terms and Conditions and Returns Policy for products bought in person from Tree Amigos retail outlets or online at www.treeamigos.org

Details:

The Tree Amigos, Tree Amigos and www.treeamigos.org are trading names of Greenfields Christmas Trees Ltd.

The website is operated by Greenfields Christmas Trees Ltd, a company registered in England and Wales with registered number 6383179, whose registered address is 838 Ecclesall Road, Sheffield, S118TD. The registered VAT number is 916102460. You can contact Greenfields Christmas Trees trading as Tree Amigos by email on info@treeamigos.org

Product and service descriptions:

Please note that some of our products are real Christmas trees and as such by their nature these are all slightly different. Photographs on the website are intended for information purposes only and act only as a guideline for goods available on retail outlets or to be delivered. All sizes are approximate. Colour and shape may vary from those shown in the images. We can however guarantee that you will receive a premium quality product and for all internet orders we take three trees from our premium graded stock and send out the best tree from that selection. If you prefer a particular shape or weight of Christmas tree you may be best selecting your own Christmas tree from one of our retail outlets.

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.

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).

Packaging may vary from any shown on the website; any weights, dimensions and capacities shown on the website are approximate only.

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. For the best results follow our ‘tree care’ guide closely. Adhering to the ‘tree care’ guide forms part of our terms and conditions of sale.

We cannot be held responsible for the deterioration in quality of any Norway Spruce tree. We do not recommend Norway Spruce for indoor use and advise you to purchase any Norway Spruce as close as possible to Christmas as needle loss should be expected.

We cannot be held responsible for any living (pot grown) tree that dies after 25th December of the year of purchase.

Christmas trees are grown in a natural environment and are harvested in all weather conditions. Please take care when unpacking your tree as we will not be held responsible for any damage caused by debris that may fall from the tree.

Care should be taken when handling the products. The safe use of the product is your responsibility and you accept that any loss or damage arising from its use will be your responsibility. Please be aware that needles from the Norway Spruce can occasionally cause a mild skin irritation.

Orders:

Prices shown include VAT at the current rate.

We reserve the right to amend all delivery prices and conditions at our discretion and without notice.

Deliveries for online orders are available from 28th November until 16th December 2014, whilst stocks last.

Orders must be placed online before 1pm for next working day delivery, orders placed after that time will be processed the following working day (Mon-Fri). Orders received on a Friday before 1pm will be delivered on Monday. Orders received on a Friday after 1pm will be delivered on Tuesday.

Deliveries will be sent via our preferred courier Monday to Friday.

Delivery personnel are not contracted to install your Christmas Tree or remove any packaging.

The Tree Amigos accept no liability for the service provided by their delivery partners.

All delivery services are offered in good faith. However we cannot accept responsibility for items that do not arrive on a particular day. We cannot accept this as a valid reason to cancel your order.

No refunds will be given for orders that are left uncollected at the depot.

Due to December traffic, we cannot guarantee the exact time of arrival of orders. We cannot be held responsible for problems caused by adverse weather/road conditions.

We cannot be held responsible for any damage to or theft of the goods if we have your permission to leave them unattended. During the order process you must give instructions for the driver as to where to leave your delivery if no one is in, we cannot guarantee these instructions will be followed as it is a the discretion of the driver. Alternatively you can elect to have your goods left with a neighbour, should you be unable to take the delivery in person.

If you buy a stand with your Christmas tree we’ll refund the stand shipping cost. One stand delivery cost per tree purchased will be refunded.

Stands are for sale without the purchase of a tree, however the full delivery charge will be incurred for each stand ordered.

On receiving your goods please check them BEFORE signing for them.

Faulty Perishable Goods (includes all cut and pot grown real Christmas trees)

Christmas trees are perishable goods and as such cannot be returned or refunded, except in accordance with your legal rights, for example in the event a genuine fault exists.

As trees are perishable goods, the cancellation right under the Consumer Protection (Distance Selling) Regulations 2000 and Sale of Goods Act 1979 does not apply and the law states it is up to The Company to determine a reasonable policy to deal with complaints of faulty perishable goods. Our company policy is that the reasonable time in which you must notify us that your tree does not conform to contract is 3 days. After this time we will have full discretion over any substitution, credit note or refund and after 14 days from receipt or purchase of goods we cannot be held responsible for problems arising with any tree in relation to deterioration, needle drop or branch droop, colour, general product freshness and longevity.

Any queries or complaints regarding faults or the quality of perishable goods must be raised in writing (by email to info@treeamigos.org) or by phone (tel: 07929 627143) within 72 hours of receipt or purchase. All complaints must be accompanied by proof of purchase and a photograph that clearly demonstrates the concerns being raised so we can quickly assess your claim.

If you are unable to provide a photograph it is the buyer’s responsibility to return the goods to us at their cost.

Following an inspection of the goods or photographs, if it is agreed that our tree care guide has been followed and that the Christmas tree is in an excessively poor state considering the date we 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.

Faulty Non Perishable Goods (excludes Christmas trees)

In accordance with the Consumer Protection (Distance Selling) Regulations 2000 and Sale of Goods Act 1979 our company policy is that the reasonable time in which you must notify us that your goods do not conform to contract is 3 days. After this time we will have full discretion over any substitution, credit note or refund and after 14 days from receipt or purchase of goods we cannot be held responsible for problems arising with any goods.

Any queries or complaints regarding faults or the quality of non perishable goods must be raised in writing (by email to info@treeamigos.org) or by phone (tel: 07929 627143) within 72 hours of receipt or purchase. All complaints must be accompanied by proof of purchase and a photograph that clearly demonstrates the concerns being raised so we can quickly assess your claim.

If you are unable to provide a photograph it is the buyer’s responsibility to return the goods to us at their cost.

Following an inspection of the goods or photographs, if it is agreed that the goods were not fit for purpose or faulty when purchased we may issue replacement goods to equal or greater value of the original purchase or a full refund.

Cancellation of orders of Perishable Goods before Dispatch or Collection (includes all real pot grown and cut Christmas trees)

If you change your mind we can accept cancellations no less than 48 hours before due shipment/collection because trees are freshly cut/prepared to order. If you wish to cancel your purchase with more than 48 hours notice we require notice of cancellation in writing to sales@treeamigos.org or by telephone to 07929627143 and you will receive a full refund.

You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card.

Cancellation of Non-perishable goods before Dispatch or Collection (excludes Christmas trees)

If you change your mind we can accept cancellation of an order of non perishable goods up to 48 hours before it is due to be dispatched/collected. In the event that you wish to cancel your purchase with more than 48 hours notice please contact us by email at sales@treeamigos.org or by telephone to 07929627143 and you will receive a full refund.

You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card.

Returns of Perishable Goods after Dispatch/Collection (includes all real pot grown and cut Christmas trees)

In accordance with the Consumer Protection (Distance Selling) Regulations 2000 and Sale of Goods Act 1979 Perishable goods (which by reason of their nature are liable to deteriorate or expire rapidly) cannot be returned unless faulty.

Returns of Non Perishable Goods after Dispatch/Collection (excludes Christmas trees)

In accordance with the Consumer Protection (Distance Selling) Regulations 2000 non perishable goods can be returned. The consumer must return any goods supplied at their cost if they cancel the contract. The cancellation and return period ends seven working days after the receipt of goods. We may make an additional charge, not exceeding the direct costs of recovering any goods, if that is required.

Until the goods are returned it is your responsibility to take reasonable care of them. They should be returned with their original packaging, unused and in saleable condition.

All goods returned must be accompanied by the original receipt as proof of purchase and with the return number (which will be provided when the claim is accepted) and you will receive a partial full or partial refund.

Additions to Orders

If your order value is under £200 you may add items to your order or change the delivery details up to 48 hours before your tree is due to be delivered/collected. Either email us at sales@treeamigos.org or by phone to Lisa on : 07929 627143 quoting your order number. After this time it will be at our discretion whether changes can be made. Changes to orders in excess of £200 must be confirmed with us at least 5 days prior to the date and time of dispatch or an administration fee of 50% of the value of the order will be levied.

Damaged, Missing or Incorrect Goods, Tracking or Refusing Deliveries

Delayed or missing delivery enquiries should be directed to our chosen courier. Orders may be tracked via your order number/consignment code through the link to the courier’s system that you are emailed.

Damaged, missing or incorrect goods must be signed for as damaged with the courier and reported to The Tree Amigos immediately.

In the unlikely event that the goods have been damaged in transit please tell your driver and The Tree Amigos immediately. Please email sales@treeamigos.org or call us on 07929 627143. Give us as much information as possible regarding the problem plus photographs of any damage so that we can assess your claim and arrange a replacement product as appropriate, and raise any claims against the Courier.

If you refuse to accept delivery of an order for any other reason than damage in transit you will incur an administration charge of £15.00 and will not be entitled to a refund on any costs.

Please ensure that the delivery details you provide us with are correct and comprehensive. We cannot take responsibility for any loss or damage to orders due to incorrect or incomplete delivery instructions.

We reserve the right to substitute alternative items in the event of us not being able to supply the specific goods ordered. The submitted goods will be of equivalent quality and price to those ordered but if you are unhappy with the substitute goods we will meet the return charges. We will always try to contact you first if this unlikely event happens.

Transaction Details:

Personal details, including accurate postcode, email address, contact telephone number (together with those of the intended recipient if different) and all necessary payment details are required.

We accept payment via Paypal, this includes and option to pay with all major credit cards. Full payment is required before goods will be dispatched.

By clicking on the ‘confirm’ button you are consenting to be bound by the terms and conditions outlined here in ‘Terms and Conditions’ on the Tree Amigos website.

Submitting your order is subject to our acceptance of this offer. We will send email confirmation of your order details to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.

Full details of your rights under the Distance Selling Regulations are available in the UK from your local Citizen’s Advice Bureau or your Local Authority’s Trading Standards Office.

Introduction:

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 www.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.
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    • 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.