Use of our web site
By accessing and using any part of our web site, the consumer/visitor (‘you’) agrees with dartmoorchristmastrees.co.uk (‘We’) to be bound by these terms. If you do not accept these terms, you may not use our web site or access or display any of the information made available to you at this web site.
These terms for the sales of goods governs any contract for sale that dartmoorchristmastrees.co.uk enters into with you. Your statutory rights are not affected.
To be eligible to purchase products on the web site and lawfully enter into and form contracts on the web site under English law you must:
- Be over the age of 18 years
- Register by providing your real name, phone number, email address, payment details and other requested information.
- Stipulate a delivery address in the United Kingdom unless otherwise agreed with our sales team. Please note that PO box numbers, hotels and accommodation addresses are not acceptable.
- Possess a valid credit or debit card.
Your Personal Details
dartmoorchristmastrees.co.uk has a ‘privacy policy’ for all clients. All personal details that you give us are stored securely. We do not supply or sell customers details to any outside organisation. We do not store or share financial information with third parties.
We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of your order and payment secure, but, in the absence of negligence on our part we cannot be held liable for any loss which you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering.
Product Images
Images on our web site do not show the actual size of items. All sizes and measurements are approximate but we do try to make sure they are as accurate as possible. On the rare occasion that there is an error, we will advise you about it as soon as possible.
Prices
Our price structure is shown on the web site and before checkout is complete, you will be given the opportunity to check price and delivery before confirming the order.
Whilst we make every effort to ensure our prices are correct, there may be occasions when we discover that a product has been mispriced. In such instances, the product will be removed from sale and the price corrected. In such circumstances, we would not be able to honour the incorrect price.
dartmoorchristmastrees.co.uk reserve the right to change any advertised prices at any time.
Description of Goods or Services
The goods are described on the individual product pages. From time to time the design might be altered slightly and although we take every care to ensure that the product image displayed on the web site is correct, there might be slight variations to the end product compared to the site image.
If further information is required for your buying decision, please contact our sales team, who will be happy to give you a full technical specification.
Placing an Order
When an order has been placed using the web site facility you will receive an email confirmation automatically. This will confirm that the order has been received and is about to be processed.
If for any reason the transaction cannot be completed you will be advised at the earliest opportunity. At this stage, you will have the right to change or cancel your order. Any payments made or due will be adjusted or refunded as the circumstances dictate. Your order will not be confirmed and there will be no contract between us.
Once price and availability has been checked your order will be despatched following confirmation by email or telephone. This will constitute that a contract has been made between us.
When you make an order for one of our Real Christmas Trees, you can choose your preferred delivery date when you checkout.
For most orders we will meet your chosen delivery date.
But please note we cannot always guarantee that your Real Christmas Tree will be delivered on the date requested.
This is due to various reasons including:
- We use a third-party national carrier and do our best to accommodate everyone.
- We are a working farm and weather, especially at Christmas can be a factor.
- The volume of orders that we fulfil is large – please remember we’re cutting and packing trees fresh!
We cannot offer refunds in the case where your tree is not delivered on the requested date (as it is a preferred date only) but arrives within 4 weekdays of your requested date.
If we have yet to send out the order, (remember we freshly cut trees to order) you may cancel and receive a full refund. We cannot offer any refunds in the case of delays caused solely by the carrier.
Remember though that it’s very likely your tree will arrive safely as expected on the date that you picked.
Delivery
It is your responsibility to check the condition of the goods upon delivery before signing for them.
The courier is obliged to wait whilst the goods are inspected. If the courier will not wait, please accept and sign as ‘DAMAGED’. If the packaging appears damaged please state this on the delivery documentation. This will help us to make a claim on your behalf from the courier should the item/items require replacing. If you sign the courier’s paperwork to say it has been received in good condition any insurance claims for damage in transit will be void.
In the event of the goods arriving damaged, you must notify dartmoorchristmastrees.co.uk within 48 hours of delivery to avoid additional charges. You must then give dartmoorchristmastrees.co.uk an opportunity to inspect the goods within a reasonable time following delivery and before any use is made of them. If these provisions are not complied with, the goods will conclusively be presumed to be free from defect or damage and you shall be deemed to have accepted the goods.
All goods must be signed for by an adult aged 18 years or over on delivery.
*Please note that during the global pandemic, it is essential that you have somewhere that you are happy for your tree to be left in the event that you are not home to receive the tree and this must be noted on the delivery instructions. Neither us or our courier will take responsibility should a delivered tree be taken from an agreed ‘safe place’
Delivery Times
Our courier generally delivers between 8.00 am and 6.00pm on week days. As we’re not delivering the orders ourselves, we can’t fulfil requests for deliveries within specific time slots.
Saturday Delivery
Our standard delivery option is a weekday service, for a Saturday delivery our courier charges a £30 per tree surcharge and as such we do not offer this. If you particularly want a Saturday delivery then please contact us and we will do our utmost to arrange this for you.
Deliveries Outside our Standard Delivery areas
At present, some Scottish Highland postcodes, and non-UK mainland deliveries (such as the Isle of Wight) are subject to an additional fee (charged to us by the courier). For deliveries to these areas, we reserve the right to cancel orders – but will contact you in that case, or arrange to pass on the extra courier charge if that is acceptable, but we will get in touch when the order is placed.
Out of Stock Items
In the event that the product you requested is out of stock, you will be contacted by email and either offered another product or told when it will be in stock again. It is your decision to either accept the alternative product, await delivery of the product ordered, or cancel the order. Until we receive written (email) confirmation of your decision, your order will be held over.
Faulty Products
In the unlikely event that your products are faulty we would like to apologise for any inconvenience caused. In the first instance, you should contact us by email to notify us of your problems. At the same time, we need to see photographic evidence of the fault, before we issue a replacement.
Please email photographs to us as proof of the fault. If you cannot email a photograph the goods must be returned before a replacement can be issued. The goods must be returned in their original packaging with all relevant parts included. If no replacement is required and the fault is confirmed a full refund will be issued. Refunds will be issued via your original payment method.
Missing Parts
If any parts are missing from your products this must be reported to dartmoorchristmastrees.co.uk within 2 days of receipt of order. Notification of missing parts over 2 days from the date you sign for the products will not be accepted.
Cancellation of Orders
Under the Distance Selling Regulations you have a right to cancel your order for any item purchased on this web site (except perishable goods such as trees and wreaths) within 7 days of receiving your goods and for a full refund excluding cost of delivery charge / return postage providing you take reasonable care of the goods whilst they are in your possession and return the goods ( unused and unfitted ) by an agreed suitable delivery method.
If you would like to return the goods you have received you may do so but you must let us know within 7 days from the date you receive the goods. It is from this time we have 30 days to reimburse your funds but in most cases, we can refund before this time. We are not in breach of contract until this time has elapsed and will not absorb the cost of returned items.
Exceptions of the right to cancel your order relate to perishable goods such as trees and wreaths, products that have been custom made to the consumer’s specification and/or clearly personalised to a special specification.
To cancel you can email us, or write to us within seven days of delivery of your items, quoting your order number.
Supply of Goods
dartmoorchristmastrees.co.uk reserves the right to refuse the supply of goods at its discretion.
If for any reason that goods may take longer than your selected delivery date to be in your receipt we will notify you.
Use of Our web site
To the fullest extent permitted at law, dartmoorchristmastrees.co.uk is providing this web site and its contents on an “as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, prices, materials, or products included in this site including, without limitation, warranties of merchantability, satisfactory quality and fitness for a particular purpose.
Except as specifically stated on this web site, to the fullest extent permitted at law, neither dartmoorchristmastrees.co.uk, nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of it or the information, content, materials or products included on it. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties. For the avoidance of doubt, dartmoorchristmastrees.co.uk does not limit its liability for death or personal injury to the extent only that it arises as a result of negligence of dartmoorchristmastrees.co.uk, its affiliates, directors, employees or other representatives.
Governing Law and Jurisdiction
This contract is subject to the law of England. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England. Those who access the site from other locations are responsible for compliance with their local laws and taxes as applicable.
Any disputes not resolved by normal complaints procedure will be resolved exclusively in the courts of England under English Law.
Provision
If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable then the provision shall be excluded and shall not affect the validity and enforceability of the remaining terms and conditions.
Links
dartmoorchristmastrees.co.uk does not accept any liability for any website not under our control, which may act as a portal to our site or be connected by a link with our site or that we connect by a link to.
Overall
These terms and conditions are subject to change at any time without prior notice to you.
Refund Policy
Our refund policy can be found elsewhere in our website, however, under Consumer Protection (Distance Selling) Regulations 2000, we need to state that our customer has a statutory ‘cooling-off’ period of fourteen business days from the day they receive their goods, in which time you, the customer should notify us, the merchant that you wish to cancel the contract with us and a full refund be given, including any original delivery charges.
If the customer should choose to return a product to us by providing us notification within the seven days cooling-off period, then the return delivery costs will be borne by you, the customer. However, if you, the customer is returning the product(s) due to a fault, the return costs will be borne by us, the merchant. For the avoidance of doubt, as perishable goods, Christmas Trees and wreaths are not covered by these regulations.
In the event an item or order is received damaged or faulty please notify us by calling 01803 665064, within 14 days of receipt of the item, or email orders@dartmoorchristmastrees.co.uk If the item is unwanted please call to arrange the collection. Please note customers will be charged for the uplift of the order which will be deducted from the final refund.