Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. By placing an order with Barcombe Nurseries (Adrian Halstead, sole trader, trading as Barcombe Nurseries, Mill Lane, Barcombe, Near Lewes, East Sussex BN8 5TH) you are deemed to agree to these Terms and Conditions.
We reserve the right to revise these Terms and Conditions, so please check periodically for any changes. If you do not agree to any revised Terms and Conditions, please let us know. These Terms and Conditions were last revised on 5th January 2017.
To order from Barcombe Nurseries you must be over eighteen years of age, or, if you are a business, you must be operated by a person over eighteen years of age.
As a new customer, to order from you must first register with us, this is also known as setting up an account. This account is not a credit account. (See payment section below.)
Current customers will be contacted in due course to invite them to register with us. You do not need to do anything else at present.
All details provided upon registration or at any other time must be correct and complete. Please inform us promptly of any changes to this information.
Password and Security
As part of the sign-up process you will be required to create a password for your account. Keep your password secret and do not disclose it to anyone else. If you believe the secrecy of your password has been compromised please notify us immediately and a new password will be issued.
We ask you to set up a Direct Debit via the GoCardless facility on this website. If you are unable to do so, please contact us to discuss alternative payment.
Using this GoCardless facility your payment details will be held on a secure third party system. Your account will automatically be charged for the goods which you have ordered, on or after the day we deliver them to you. We will submit our request for payment to your bank within 72 hours of your delivery, and normally within 24 hours. We cannot, however, accept any liability for how long it takes the bank to process the payment.
All goods which are ordered and dispatched must be paid for, if we do not receive payment at the point of delivery the goods will still be delivered and you will be liable to pay for them.
If you need to cancel a box or 'take a holiday' from deliveries please if at all possible do so by Monday midnight of delivery week, this avoids unnecessary picking and waste. The earlier the better. If you do this via your account on the website you should receive a confirmation email.
If an order is cancelled after the deadline of 5PM on the day prior to your delivery you may still be liable to pay for the goods in full or in part depending on whether or not the goods have been collated or dispatched. You will need to make this late cancellation directly with us by phone.
We reserve the right to suspend or terminate deliveries to you if payment is not in place by our stated deadlines.
If money is owed to us by you at the time when you discontinue your membership of the box scheme, or if we have to terminate your membership because of non-payment we will first issue you with a statement and three written requests for payment. If, after this time, the money is still outstanding we reserve the right to raise an administrative charge to cover the cost of the letters plus the charges incurred in the appointment of our appointed debt recovery firm. You will receive written notice of the amount before the charges are levied .
If you make a payment by cheque and the cheque is not honoured by your bank we reserve the right to pass on the charges our bank levies for the presentation of unpaid cheques (currently £6.00) to you.
Any order submitted via our website is not accepted by us until an email is issued from us confirming this. Any order submitted by phone will be accepted verbally by our staff. Although we would generally send you a confirmation email if possible. Your submission of an order amounts to an offer to enter a contract to buy the goods from us. When we accept an order, we do that knowing we can fulfil that order. However, products are subject to availability and we cannot guarantee that all products will be available at the time of accepting an order. If we are unable to deliver an item you have ordered we will usually replace it with an alternative which is not on your dislike list, or on rare occasions when an alternative is not available you will not be charged, giving rise to a credit, which may be offset against future orders. If this happens we will include a note in the box explaining the situation.
We will endeavour to warn you of any changes to price. Please refer to the website.
Delivery of Products
We will make delivery to your delivery address as stated when you register or update that address. We reserve the right not to deliver to all locations. You are responsible for making suitable arrangements to receive your delivery and for giving us appropriate instructions. We recommend that you specify a ‘box leaving place’ to instruct us where you would like your box to be left if it is delivered when you are not at home. In the event that your delivery is stolen from the agreed delivery location or damaged there, we do not accept liability, but may consider compensation at our discretion. Any changes to delivery address details must be made before our stated deadlines.
We will advise you which day your delivery will take place. We will endeavour to keep this day the same but reserve the right to change it temporarily or permanently, and will advise you if we do so.
If we are unable to deliver your order, or have to deliver late or on a different day, for reasons beyond our control, we cannot accept liability for any inconvenience or loss that this may cause.
Please let us know of any problem with your deliveries, as soon as possible or within 24 hours. If the goods that arrive are damaged or you are not happy with the quality, we will credit you, or replace the item in your subsequent box for damaged as you choose.
Please ensure that all produce is stored correctly after delivery. Fresh produce, except squashes, avocados, basil and bananas, store best in a cool place.
You may cancel your registration with us at any time by phone, email or in writing, provided that you adhere to the usual deadline for cancellations. You remain responsible for ensuring not only that any such cancellation is issued to us, but also that it is received by us before the stated deadline.
Barcombe Nurseries may suspend or cancel any accepted order or your registration at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. We will, of course communicate with you about this.