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Terms of website use

(last updated on 14/03/2016) 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE 

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.forestandarb.com (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms And Conditions Of Supply (See Below) will apply to the sales.

Information about us

ForestAndArb.com is a site operated by Winchester Garden Machinery Limited (“We”). We are registered in England and Wales under company number 01561715 and have our registered office at C/O Wilkins Kennedy LLP Templars House, Lulworth Close, Chandlers Ford, Hampshire, SO53 3TL. Our main trading address is Hillier Garden Centre, Romsey Road, Winchester, Hampshire SO22 5DL. Our VAT number is GB 189 3741 19.  We operate the websitec www.forestandarb.om.   ForestAndArb.com is a division of Winchester Garden Machinery Limited.

We are a limited company.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customerservice@forestandarb.com.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms And Conditions Of Supply (See Below)

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact us

To contact us, please email sales@forestandarb.com.

Thank you for visiting our site.

Website terms and conditions for supply of goods to businesses and consumers

(last updated on 14/03/2016) 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE 

This page (together with our Privacy Policy, and Terms of Website Use) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

  1. Information about us AND HOW TO CONTACT US
    1. We are Winchester Garden Machinery Limited, a company registered in England and Wales under company number 01561715 and with our registered office at C/O Wilkins Kennedy LLP Templars House, Lulworth Close, Chandlers Ford, Hampshire, SO53 3TL.  We operate the website www.forestandarb.com.  ForestAndArb.com is a division of Winchester Garden Machinery Limited. Our main trading address is Hillier Garden Centre, Romsey Road, Winchester, Hampshire SO22 5DL. Our VAT number is GB 189 3741 19.
    2. Contacting us if you are a consumer:
      1. For cancellation.  To cancel a Contract please see clause 11.  
      2. For any other reason.  If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team on 01962 857951 or by e-mailing us at customerservice@forestandarb.com.
    3. Contacting us if you are a business. You may contact us by telephoning our customer service team on 01962 857951 or by e-mailing us at sales@forestandarb.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 21.2.
    4. How we may contact you.  If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    5. “Writing” includes emails.  When we use the words “writing” or “written” in these terms, this includes emails.
  2. Our Products
    1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
    2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements are an indication only.
    3. The packaging of the Products may vary from that shown on images on our site.
  3. Use of our site

Your use of our site is governed by our Terms of Website Use www.forestandarb.com. Please take the time to read this, as it includes important terms which apply to you.

  1. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

  1. If you are a consumer

This clause 5 only applies if you are a consumer.

If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

  1. If you are a business customer

This clause 6 only applies if you are a business.

  1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
  2. These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
  3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
  4. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
  1. How the contract is formed between you and us
    1. The Order Process.  Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
    2. How we will accept your order.  Our acceptance of your order will take place when we email you to accept it (Acceptance Email), at which point a Contract will come into existence between you and us.
    3. If we cannot accept your order.  If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product.  This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because SAGEPAY (our secure payment service provider) experiences an address fail, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
    4. Your order number.  We will assign an order number to your order and tell you what it is when we accept your order.  It will help us if you can tell us the order number whenever you contact us about your order.
  2. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product you have ordered please contact us.  We will let you know if the change is possible.  If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. Our right to vary these Terms
    1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
    2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
    3. We may revise these Terms or change the Products as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
    4. If we have to revise these Terms as they apply to your order or change any Product, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
  2. Your rights to end the contract

This clause 10 only applies if you are a consumer.

  1. You can always end your Contract with us.  Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
    1. if what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 12;
    2. if you want to end the Contract because of something we have done or have told you we are going to do, see clause 10.2;
    3. if you have just changed your mind about the Product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any Products.
  2. Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at 10.2.1 to 10.2.5 below the Contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
    1. we have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 9.4);
    2. we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
    3. there is a risk that supply of the Products may be significantly delayed because of Events Outside Our Control;
    4. we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons or we have to withdraw a Product for any reason, for example where the manufacturer cease to manufacture the Product in question; or
    5. you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late (see clause 13.16).
  3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
  4. How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the Products, unless:
    1. Your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.
    2. Your Products are for regular delivery over a set period.  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Products.
  1. How to end the contract with us (including if you have changed your mind)

This clause 11 only applies if you are a consumer.

  1. Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following: 
    1. Phone or email. Call customer services on 01962 892466 or email us at customerservice@forestandarb.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    2. Online. Complete the Returns Form on our site.
    3. By post. Simply write to us at the specified address, including details of what you bought, when you ordered or received it and your name and address. Winchester Garden Machinery Limited, Fair Lane, Winchester SO21 1HF
  2. Returning Products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us.   You must either return the Products in person to where you bought them, post them back to us at Winchester Garden Machinery Limited, Fair Lane, Winchester SO21 1HF or (if they are not suitable for posting) allow us to collect them from you. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.
  3. When we will pay the costs of return. We will pay the costs of return:
    1. if the Products are faulty or misdescribed;
    2. if you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to Events Outside Our Control or because you have a legal right to do so as a result of something we have done wrong;
    3. in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  
  4. What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
  5. How we will refund you.  We will refund you the price you paid for the Products including delivery costs (if any), by the method you used for payment. However, we may make deductions from the price, as described below.
  6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
    1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop e.g where you have used the Products.  If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
  7. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:
    1. If we have not offered to collect the Products, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 11.2.
    2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

Clauses 11.8, 11.9 and 11.10 applies to both consumers and business customers

  1. When returning any petrol powered Products all oil and petrol MUST be drained from the engine before you release the Products to a carrier.  This is for the safety of the carrier firm.
  2. If a carrier arrives to collect a petrol powered Product and it is discovered that all oil and petrol has not been drained by you as requested by clause 11.8, the carrier will not collect the Product and you must pay the costs the carrier charges for the abortive collection.
  3. If a carrier has collected a petrol powered Product and it is discovered that all oil and petrol has not been drained by you as requested by clause 11.8, the Product will be delivered to the carriers quarantined premises. Should this occur then even if we are responsible for the costs of return under clause 11.3.1 or 11.3.2 you must pay the costs of the return of the Products from the carrier’s quarantined premises to us.  
  1. If there is a problem with the product
    1. How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team on 01962 857951 or write to us at customerservice@forestandarb.com or Winchester Garden Machinery Limited, Hillier Garden Centre,