Our Terms and Conditions

Our Terms

1. These terms

What these terms cover: These are the terms and conditions on which we supply garden products to you when you place an order on our website.

Why you should read them: Please read these terms carefully before you submit your order to us. They tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. Information about us and how to contact us

Who we are: We are Whitacre Garden Centre Limited trading as Leafwise established in England and Wales. Our company registration number is 04522494 and our registered office is at 1 Nightingale Cottage, Tamworth Road, Nether Whitacre, B46 2PL. Our registered VAT number is 799899896.

How to contact us: You can contact us by e-mail at: mail@leafwise.co.uk

How we may contact you: If we have to contact you, we will do so by telephone at the number you give us, or by writing to you at the email address or postal address you provided to us in your order.

3. Our contract with you

How we will accept your order. When your order is placed we will e mail an order confirmation to you acknowledging your order, but this is not acceptance of your order because we have to check that the products are available for delivery or collection. Our acceptance of your order will take place when we (or our delivery partner on our behalf) contact you to let you know we are going to deliver the products, at which point a contract will come into existence between you and us.

If we cannot accept your order: If we are unable to accept your order, we will inform you of this by e mail or telephone. We may not be able to accept your order because we are out of stock in which case we may offer you a substitute or ask if you would like to wait for stock to come in.

Your order number: We will assign an order number to your order and tell you what it is when we send the order confirmation. It will help us if you can tell us the order number whenever you contact us about your order.

Delivery: Our national delivery service operates in all other areas of mainland UK excluding any locations our carriers deem to be within the Scottish Highlands.

Minimum Order: For deliveries using our delivery service there is no minimum spend.

4. Our products

Products: Products (other than plants) may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. We do our very best to give you as much information as we can about the plants we sell  but you will appreciate that the plant we deliver to you may not look like the picture on our website.

Pictures of plants are challenging because the same plant looks very different depending on the time of year, the size of the plant, and the maturity of the plant. For example, some perennial plants we sell may have no foliage and may only have root balls intact. In some cases, we may display a picture of a fully grown plant when you are purchasing a less mature version. You must rely on the pot size listed to assess the maturity of the plant.

Packaging: Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Providing the products

Delivery costs: If you select our local delivery service or our national delivery service then the costs of delivery will be as displayed to you on our website, and they vary depending on the postcode of the delivery address.

Timing: When we will provide the products. During the order process you will be told when we will deliver the products to you. We aim to deliver within 3- 5 working days (Monday to Friday) and we will notify you if any of the products you order are likely to take more than 5 days to deliver.

Delays: We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Out when we deliver: If you are not at home when the product is delivered, we will leave you a note or contact you informing you of alternative delivery arrangements, but you may have to pay a further delivery charge. Our delivery partner may give you options for an alternative delivery, which may include leaving your goods in a safe place or with a neighbour. The risk of loss to the products lies with you if you choose that they are left with a neighbour or in a safe place.

When you become responsible for the products. A product will be your responsibility from the time we (or our delivery partner) deliver the product to the address you gave us on the order. If the delivery partner offers you other delivery options, then the product will be your responsibility from the time the delivery partner delivers the products to the delivery location selected by you. If you collect the products from us, then the product will be your responsibility when you collect it from us.

Accurate information: you must ensure that you include the correct delivery address for the products. If you enter the wrong delivery address you may contact us and we may attempt to rearrange the delivery to the new address, but we cannot guarantee that we can change the delivery address and such rearrangement may incur additional cost for which you will be responsible to pay.

6. How to end the contract with us if you have changed your mind

Tell us if you have changed your mind: No later than 14 days after delivery or collection you may cancel the contract and obtain a refund, if you decide you do not want to keep the products.

Products that cannot be returned if you change your mind:  Your right to cancel if you have changed your mind does not apply to plants or food because they are perishable.

Returning products if you change your mind: If you change your mind after products have been delivered to you, (or after you have collected them from us,) you must have sent them back to us at Leafwise within 14 days of telling us you wish to end the contract. All returned products must be in good condition and in their original undamaged packaging. If the products are not faulty then you must pay the cost of returning the products to us.

How we will refund you:  We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

Deductions from refunds if you are exercising your right to change your mind: 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 our shop.

Cancellation and Refund Policy: for more information and detail on how to cancel your contract with us if you change your mind click here. You will also find a model cancellation form that you can use to cancel your contract with us if you change your mind. 

7.  If there is a Fault with the product

How to tell us about problems: If you have any questions or complaints about the product, please contact our online team by emailing mail@leafwise.co.uk and our team will do their very best to resolve any issues.

Returning faulty/damaged products: If issues cannot be resolved via email, then we may ask you to return the products to us or we may arrange for them to be collected. You must ensure that the products are properly packaged and all parts are included. 

If you receive a plant that is in a poor condition when you take it out of the box, please contact us within seven days of delivery. We may ask you to send us a photograph so that there is no doubt as to its condition on arrival with you and to help us determine the cause of the problem.

No fault found: If on receipt of the products we find they are faulty then we will replace them and deliver the replacement back to you free of charge or if we cannot replace then we will provide you with a full refund. If on receipt we find the products are not faulty then we will return them to you and you must pay our standard delivery charge.

8. Price and payment

Where to find the price for the product: The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 8.2 for what happens if we discover an error in the price of the product you order.

What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

When you must pay and how you must pay. We accept payment with Visa, American Express and Mastercard. You must pay for the products before we dispatch them.

9. How we may use your personal information

How we may use your personal information.  We will only use your personal information as set out in our Privacy and Cookie Policy.

10. Which laws apply to this contract and where you may bring legal proceedings?

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

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