Terms and Conditions
ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.aylettnurseries.co.uk and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us. if you do not accept these terms, do not use the website. This notice is issued by Aylett Nurseries Limited.
The terms and conditions
These terms and conditions regulate the business relationship between you and us. By using our website in any way, or by buying from us, you agree to be bound by them.
We are: Aylett Nurseries Limited and our address is: North Orbital Road, St Albans, Hertfordshire, AL2 1DH, UK
You are: a visitor to the www.aylettnurseries.co.uk website.
You may access most areas of this website without registering your details with us.
By accessing any part of this website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this website immediately
The Company may revise this legal notice at anytime by updating this posting. You should check this website from time to time to review the then current notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this website.
In this agreement:
“Our website” means the entire computing hardware and software installation that is or supports Our website
“Goods and Services” means any of the goods and services we offer for sale on our website
“Content” means information in any form published on Our website by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our website; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods and Services
2.2 Goods and Services advertised may not be available.
2.3 Order acceptance and the completion of the contract between you and us will take place on the dispatch of the Products ordered to you unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in "Cancellation of an order."
Non-acceptance of an order may be a result of one of the following:
The products or services you ordered being unavailable
Our inability to obtain authorisation for your payment
The identification of a pricing, service or product description error
You not meeting the eligibility to order criteria set out in this document
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our website on the day you order Goods and Services. It may be useful to print a copy now.
2.5 Where we provide goods or services without specific charge, then it (or they) is deemed to be provided free
of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.
3 Price and Payment
3.1 The price charged for any service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
3.2 The total price on the final checkout screen is inclusive of any applicable value added tax or other sales tax.
3.3 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.4 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.5 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods and Services.
5.1 We, or our Content suppliers may make improvements or changes to Our website, the Content, or to any of the Goods and Services, at any time and without advance notice.
5.2 You are advised that Content may include technical inaccuracies or typographical errors.
5.3 We give no warranty and make no representation, express or implied, as to:
5.3.1 the adequacy or appropriateness of the Goods and Services for your purpose.
5.3.2 the truth of any information given on Our website;
5.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a
5.3.4 compatibility of Our website with your equipment software or telecommunications connection.
5.3.5 compliance with any law;
5.3.6 non-infringement of any right.
5.4 Our website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
5.5 We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our website.
6 Content and Intellectual Property Rights
6.1 Title, ownership rights, and intellectual property rights in the Content (including without limitation photographs and grapical images) whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
6.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is
expressly permitted in this agreement.
6.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
7 System Security
7.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
7.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our website, or any software used on Our website, and that you will not permit any other person to do so.
7.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
7.4 Examples of violations are:
7.4.1 accessing data unlawfully or without consent;
7.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or
7.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
7.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
7.4.5 taking any action in order to obtain services to which you are not entitled.
7.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
7.5.1 any violation of system security as set out above;
7.5.2 your use of Our website;
7.5.3 any other breach or violation of this agreement by you;
7.5.4 the infringement by you, or by any other user of the services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
10 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be
interpreted as a waiver.
11 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
12 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
13 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
This website is owned and operated by Aylett Nurserles Limited which can be contacted at the following address:
North Orbital Road
Tel: +44 (0) 1727 822255
Fax: +44 (0) 1727 823024
Click here to send us any comments about this website.