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Standard Terms and Conditions
1 . Definitions
1.1 Throughout these terms and conditions the purchaser is referred to as ‘you’ and Festive Trees is referred to as ‘we’, ‘us’ or ‘our’. ‘The parties’ means you and us, collectively.
1.2 ‘Consumer’ means a natural person acting for purposes that are outside his business.
1.3 ‘Mail Order Purchase’ or ‘Mail Order Purchases’ means any circumstance where an agreement for the supply of goods or services by us to you was concluded without both parties being simultaneously physically present.
2. Entire Agreement
2.1 These terms and conditions shall apply to any quotation or invoice that we may give you and to any transaction where we supply any goods or services to you. These terms apply to the entire exclusion of any other terms and conditions that you may proffer.
2.2 These terms contain the entire agreement between us and you (hereafter ‘the Agreement’). No addition, alteration, substitution or waiver of these terms shall be valid unless we have expressly agreed to that in writing.
2.3 No agreement concluded between the parties shall be effective until we issue a confirmation of that order in writing (the ‘Order Confirmation’). The date upon which any contract for the sale of products or services is concluded shall be deemed to be the date of the Order Confirmation.
3. Cancellation
3.1 Once you have placed an order on us and we have accepted the order by issuing an Order Confirmation or otherwise communicating our acceptance to you, you may not cancel that order either in whole or in part without our consent other than in the circumstances expressly provided below.
3.2 If we allow you to cancel the Agreement our agreement to do so is conditional upon your returning the goods to us in clean, unmodified and saleable condition.
3.3 You shall bear the cost of transporting the returned goods back to us unless you are a Consumer who has purchased goods from us by Mail Order Purchase and we have substituted goods of equal value in place of the goods you ordered and you subsequently cancel the agreement. In those exceptional circumstances only, we will refund your costs of transporting the goods back to us. In all cases, you bear full risk to the goods during transportation until we take delivery therof.
3.4 We try to deliver goods within 7 days of the Agreement being concluded but any delay in delivery of the goods shall not be an acceptable reason for your terminating the Agreement unless we are unable to deliver the goods or perform our obligations under the Agreement within 60 days of the Agreement being concluded. If we fail to do so we will contact you before the end of the period and offer you a full refund.
3.5 You may not cancel any agreement for the sale of goods that were made to your particular requirementss or which are clearly personalised.
3.7 Mail Order Purchases Only
3.7.1 In the case of Mail Order Purchases of goods you may cancel the Agreement within a period of 7 working days beginning with the day after the day on which you received a copy of these terms and conditions or the day on which you received the goods, whichever is the later but in any circumstances you may not cancel later than three months and seven working days from the date on which you received the goods.
3.7.2 In the case of Mail Order Purchases of services and only where we have not yet commenced the supply of those services to you then you may cancel the agreement within 7 working days beginning with the day after the day on which the contract was concluded.
4. Price
4.1 Unless otherwise stated on any invoices and quotations, the stated price carriage and delivery charges and any insurance costs.
4.2 If the price of the goods increases for any other reason between the date of your order and the date of delivery we will notify you of this and give you the choice of either accepting the price increase or cancelling the order within 7 days of your receipt of the notice, in which case any amounts you have paid will be refunded in full.
5. Payment
5.1 Unless we agree otherwise with you and record our agreement in writing, the goods must be paid for in full before delivery. We may, in our sole discretion, agree to extend you credit in which case payment will be due 30 days of the invoice date without further notice. The time of your payment is of the essence of the Agreement. We may suspend any delivery or provision of services to you until we receive full payment in cleared funds.
5.2 If we extend you credit and your payment is late and you are not a consumer then we will charge you interest at the prevailing rate calculated according to the late Payment of Commercial Debts legislation or 12% per annum (whichever amount is the greater) and if you are a Consumer, we shall charge you interest on the late amount at 2% above the prevailing base rate of the Bank of England. In either case, you indemnify us for any reasonable additional costs of recovering the payment that we may incur.
5.3 Payment by any means other than legal tender is subject to our approval. If you pay by credit or debit card a service charge of 3.5% shall apply but we will allow you an equivalent discount on the price of the goods or services so that the final amount you pay is the same. The service charge is not refundable in any circumstances.
5.4 You may not deduct or set off any sums that we may owe you against any invoice we render without our prior agreement in writing.
6. Delivery & Acceptance
6.1 Any delivery period we may state to you is an approximate time only. Time of delivery shall not be of the essence of the Agreement.
6.2 Delivery will be made to the location that you designate. It is your responsibility to ensure that a responsible person is available to accept the delivery and to secure the goods at the delivery location.
6.3 If you refuse delivery without our agreement you must pay our expenses or loss resulting from that refusal.
6.4 When the price quoted includes delivery we will replace at no charge to you any goods that are damaged in transit provided that you give us notice in writing of such damage within three days of the delivery but not otherwise.
6.5 On delivery you must inspect the goods for defects or non-conformity and advise us of any problems within 7 working days after which you will be deemed to have accepted.
7. Faulty Goods
7.1 If there is a fault with your goods within the applicable warranty period we will normally offer a prompt exchange or refund.
8. Other
8.1 Ownership of the goods shall not pass to you until you have paid us in full for those goods. Payment for the purposes of this clause means legal tender or cleared funds through the United Kingdom banking system. Nevertheless, the risk in the goods shall pass to you upon delivery of the goods to you or at premises nominated by you.
8.2 We may assign our rights and obligations under the Agreement or to sub-contract the performance of any order in whole or in part. You may not, however, assign your rights or obligations to us under this Agreement without our consent in writing.
8.3 The Agreement shall in all respects be construed according to and governed by the law of England and Wales and the parties both agree to submit to the jurisdiction of the courts of England and Wales.
8.4 We are not liable for our failure to perform any of our obligations to you where such failure is caused by 8.5 circumstances beyond our reasonable control.
8.5 Nothing in these conditions shall affect the statutory rights of a Consumer under the relevant legislation in the United Kingdom.
8.6 Any unenforceable or invalid provision or portion contained in the Agreement shall be deemed severed from the valid provisions, which shall remain in full force and effect.
8.7 Any complaint about our products or services should be made in writing and be sent to
8.8 All notices given under the terms of this agreement shall be in writing.
8.9 The headings in this document are included for convenience only and shall not affect the interpretation of the content.
9. Termination
9.1 We may terminate the Agreement with immediate notice to you (in writing) if you fail to pay us on time or if we have a good reason to believe you have breached export control laws. Either party may terminate the Agreement by giving written notice of the termination to the other if the other commits a material or persistent breach of the Agreement and has failed to remedy such breach within 30 days of receiving written notice from the other to do or becomes insolvent or is unable to pay debts as they fall due.