Terms & Conditions

• 2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
• 2.2 All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.
• 2.3 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
• 2.4 You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
• 2.5 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.
• 2.6 We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
• 2.7 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
• 2.8 The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than User Material (as defined in clause 3.2 below)) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at enquiries@nurturedinnorfolk.co.uk

• 3.1 Website
  • 3.1.1 All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
• 3.2 External Links
• 3.2.1 From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.
• 3.2.2 If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.

• 4.1 In order to purchase products from the website, you can order via a guest account or register an account with us for future orders
• 4.2 In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and be held responsible for your order.
• 4.3 When signing up you need to provide:
  • 4.3.1 your full name;
  • 4.3.2 a valid and current email address;
  • 4.3.3 your delivery address; and
  • 4.3.4 your payment card details.
• 4.4 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
• 4.5 You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.

• 5.1 Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
• 5.2 Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at enquiries@nurturedinnorfolk.co.uk

• 6.2 Each Product for which you click ‘Add to basket’ is added to a ‘shopping basket’ facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your shopping basket when you choose to ‘check out & deliver’. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking ‘place order’. After you have clicked ‘place order’ and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. The Website still allows you to review all the Products that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the Website. You can do this by clicking on ‘my deliveries’ whenever you are logged in.
• 6.3 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.
• 6.4 No order is accepted from you until our website displays an order confirmation message. This message is displayed after you schedule the frequency on the ‘your deliveries’ page.
• 6.5 Our Products are priced by weight. We show the prices for weights on the Website. The average weight and price shown is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of Product delivered. If the weight of the Product exceeds the guide weight by more than 20%, the price you are charged will not exceed 20% in addition to the average.
• 6.6 Our cut off time for same day dispatch is 12:00pm.

• 9.1 The price of products is as quoted on the website from time to time. Prices stated include VAT
• 9.2 Delivery is charged separately and stated at time of order
• 9.3 We currently only accept PayPal payments online

• 10.1 Boxes can only be delivered to addresses within the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses.
• 10.2 Boxes are delivered by the Parcelforce. Pressed and Dried Edible Flower and Leaf orders are delivered by Royal Mail.
  Actual delivery times may vary for you depending on:
  • 10.2.1 our stock availability;
  • 10.2.2 your delivery address;
  • 10.2.3 when you make your selection; and
  • 10.2.4 circumstances impacting delivery by the postage service.

We reserve the right to use alternative delivery methods without prior notification.

• 10.3 You will not hold us responsible for any delays, outside our control, which relate to your delivery
• 10.4 Any timescales given are indicative only and we cannot guarantee next day delivery service.
• 10.5 It is your responsibility to report all lost, faulty or damaged goods within 24 hours of original despatch
• 10.6 If you change address, you must update your address details in the relevant section of the website to ensure that no boxes are sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded for any boxes posted to the wrong location. You can see a summary of these times at http://nurturedinnorfolk.co.uk/
• 10.7 If you are dissatisfied or unhappy with any product you receive from us, please contact our customer services team on enquires@nurturedinnorfolk.co.uk. We retain the right to request a return of any faulty goods by recorded delivery to

Nurtured In Norfolk Ltd
Hillside Nursery
Toftwood
Dereham
Norfolk
NR191NP

and the product will be inspected. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.

• 11.1 You can cancel the purchase of an order upto 12pm on day of dispatch
• 11.2 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.

• 12.1 We collect personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy.

• 13.1 Nothing in this clause 13 or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for:
  • 13.1.1 fraud or fraudulent misrepresentation;
  • 13.1.2 death or personal injury caused by our negligence;
  • 13.1.3 breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • 13.1.4 under Part I of the Consumer Protection Act 1987; or
  • 13.1.5 any other liability to the extent the same may not be excluded or limited as a matter of law.
• 13.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
• 13.3 Subject to clause 13.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.

• 14.1 Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.

• 15.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.

• 16.1 Accounts with Nurtured in Norfolk are not transferable and therefore cannot be sold or traded.

• 17.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

• 18.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

• 19.1 Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

• 20.1 Please submit any questions you have about our Terms and Conditions or an order you have placed or ordering in general by email to enquiries@nurturedinnorfolk.co.uk or write to us at:

Nurtured In Norfolk Ltd
Hillside Nursery
Toftwood
Dereham
Norfolk
NR191NP