Terms & Conditions

Zoe Woodward Gardening Ltd

COVID-19 Update

Processing of Orders – In order to comply with the current regulations and safety at work, we have had to reduce the amount of help we would normally employ to process your order. We estimate some orders might take up to 3 weeks to be dispatched. Our sincere apologies for this delay but rest assured we will be working flat out to minimize the issues.

Postal delays – Royal Mail are experiencing substantial levels of staff sickness/isolation due to COVID which is delaying normal times for the delivery of orders.

Industrial Action – Royal Mail are dealing with strike action , which could result in delays in deliveries. This is outside of our control, however, if you believe your order to be late in arriving please email so we can check for you – info@zoewoodwardgardening.com

BREXIT Restrictions

Following the Brexit Trade Deal, from January 1st 2021, we have suspended taking orders for Northern Ireland and EU Member States.  Further clarity is needed regarding the documentation required for border checks.

Currently each individual order needs to be accompanied by a Phytosanitary Certificate. These Certificates are prohibitively expensive. 

The UK government are in talks with a number of countries regarding trading partnerships which would enable us to resume shipping to EU member states.

TERMS AND CONDITIONS

These terms and conditions apply to the use of the Zoe Woodward Gardening Ltd website, by accessing this Website and/or placing an order you agree to be bound by the terms, and conditions set out below. If you do not agree to be bound by these terms and conditions, you should not access this Website. If you have any questions relating to these terms and conditions please call us on 07702 919 640, or email info@zoewoodwardgardening.com before placing an order.

Payment

Payments may be made using a debit, credit card or Apple Pay. All cards are subject to validation checks and authorisation by the card issuer. We cannot be liable for delays or non-delivery if, for any reason, your card issuer refuses to authorise payment. Ownership of any of our products will only pass to you when we receive full payment of all sums due.

Order Cancellations

If any reason you wish to cancel your order you will be liable for the original transaction fee of the provider you have used for the Commercial Transaction payment. All of the fees originally paid by you to place your order will not be returned to you. 

Seeds

All of the seeds we offer in our shop are of the highest quality. We guarantee that our seeds will grow after following our instructions.

We pack the majority of our seeds by weight so the number of individual seeds indicated is an approximation only.

Many seed starting problems can be avoided by ensuring you have a designated area before sowing. Always use a high quality potting compost. Maintaining sufficient light and a consistent temperature is critical to seed success.

We also recommend that you follow the ‘sowing windows’ contained in the handbook for maximum germination rates and successful growth.

If your seeds do not perform after following the detailed instructions, please contact us immediately and we will happily send you replacement seeds if available, or refund the purchase price.

Once an order has been placed, we are not able to add or subtract items. If you require any additional items not included in your original order, please place a new order. We are unable to combine separately placed orders/refund postage.

All orders ship via Royal Mail.

Shipping will be between 15/20 days, from purchase date.

Our guarantee is applicable to the purchase price of the seed only; shipping costs are non-refundable. Zoe Woodward Gardening are not liable for any damage or loss resulting from crop failure. Reports must be made within 2 weeks of discovering the problem and within 6 months of purchase

Ranunculus and Anemone

We guarantee that our Ranunculus and Anemone corms will grow and are true to variety. However, the corms are hand collected and counted, so this might result in the odd ‘rogue’ variety. We are not responsible for poor customer care, weather, rodent or animal damage.  

The purchaser must ensure the Anemones and Ranunculus corms are given special care and attention, along with a covered environment, in order to achieve the best results. Please follow the detailed growing instructions on Zoe Woodard Gardening Instagram stories (under highlights) and/or the ‘Growalong’ Handbook for your corms.  Due to the tender nature of the corms , we are not able to  offer refunds or replacements for poor crop results.

We also recommend that you follow the ‘sowing windows’ contained in the handbook for maximum germination rates and successful growth.

Once an order has been placed, we are not able to add or subtract items. If you require any additional items not included in your original order, please place a new order. We are unable to combine separately placed orders/refund postage.

All orders ship via Royal Mail.

Any orders returned to Zoe Woodward Gardening due to a failure/refusal to pay any duties/taxes, failure for Customer to collect order from courier will be ineligible for a refund of shipping fees and will be subject to a 25% restocking fee.

Ranunculus and Anemone’s are currently only available for England, Scotland and Wales customers.

Our guarantee is limited to the purchase price of the corms only; shipping costs are non-refundable. Zoe Woodward Gardening Ltd are not liable for any damage or loss resulting from crop failure.

Handbooks/Ebook download terms and conditions

1. Introduction

1.1 These terms and conditions shall govern the sale and supply of downloadable ebooks through our website https://Zoewoodwardgardening.com, and the use of those ebooks.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3 This document does not affect any statutory rights you may have as a consumer.

2. Interpretation

2.1 In these terms and conditions:

(a) “we” means Zoe Woodward Gardening company (and “us” and “our” should be construed accordingly);

(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);

(c) “ebooks” means those ebooks/handbooks that are available for purchase on our website; and

(d) “your ebooks” means any such ebooks/handbooks that you have purchased through our website (including any enhanced or upgraded version of the ebooks that we may make available to you from time to time).

(e) The ebooks/handbooks are applicable to the current calendar year it is purchased and will encompass the seeds/corms forming part of that season/year ‘Grow Along’.

(f) Future years ‘Grow Along’ can but not necessarily include additional/new product lines.

(g) Any new product lines will not be accompanied by bespoke fact sheets for purchase or as a free supplement to any existing ebooks/handbooks from previous years ‘Grow Along’.

3. Order process

3.1 The advertising of ebooks on our website constitutes an “invitation to treat” rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3 To enter into a contract through our website to purchase downloadable ebooks from us, the following steps must be taken: you must add the ebooks you wish to purchase to your shopping cart, and then proceed to the checkout; you must provide the data required to process the order: name and surname, email address, country of residence; you must consent to the terms of this document and our privacy policy; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

4. Prices

4.1 Our prices are quoted on our website.

4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5. Payments

5.1 You must, during the checkout process, pay the prices of the ebooks you order.

5.2 Payments may be made by any of the permitted methods specified on our website.

6. Licensing of ebooks

6.1 We will supply your ebooks to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website – the ebooks are currently available for a maximum 12 months from purchase.

6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your ebooks permitted by Section 6.3, providing that you must not in any circumstances make any use of your ebooks that is prohibited by Section 6.4.

6.3 The “permitted uses” of your ebooks are:

(a) downloading a copy of each of your ebooks (maximum 5 downloads per order);

(b) making, storing and viewing copies of your ebooks on not more than 3 desktop, laptop or notebook computers;

(c) making, storing and viewing copies of your ebooks on not more than 3 ebook readers, smartphones, tablet computers or similar mobile devices; and

(d) printing a copy of each of your ebooks solely for your own use.

6.4 The “prohibited uses” of your downloads are:

(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any ebook (or part thereof) in any format;

(b) the editing, modification, adaptation or alteration of any ebook (or part thereof), and the creation of any derivative work incorporating any download (or part thereof);

(c) the use of any ebook (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;

(d) the use of any ebook (or part thereof) to compete with us, whether directly or indirectly;

(e) any commercial use of any ebook (or part thereof); and

(f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any ebook for the purpose of preventing unauthorised use.

6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your ebooks.

6.6 All intellectual property rights and other rights in the ebooks not expressly granted by these terms and conditions are hereby reserved.

6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any ebook.

6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.

6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.

6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant ebooks in your possession or control.

6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant ebooks in your possession or control, and permanently destroy any other copies of the relevant ebooks in your possession or control.

7. Distance contracts: cancellation right

7.1 This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

7.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the contract is entered into,

subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.

7.3 You agree that we may begin the provision of ebooks before the expiry of the period referred to in Section 7.2, and you acknowledge that, if we do begin the provision of ebooks before the end of that period, you will lose the right to cancel referred to in Section 7.2.

7.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

7.5 If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order.

7.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

7.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

8. Warranties and representations

8.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions; and

(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

8.2 We warrant to you that:

(a) your ebooks will be of satisfactory quality;

(b) your ebooks will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;

(c) your ebooks will match any description of it given by us to you; and

(d) we have the right to supply your ebooks to you.

8.3 All of our warranties and representations relating to ebooks are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.

9. Limitations and exclusions of liability

9.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:

(a) are subject to Section 9.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 9.5 shall not apply.

9.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 9.6 shall not apply.

9.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10. Variation

10.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

10.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

11. Assignment

11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

12. No waivers

12.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

12.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

13. Severability

13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Third party rights

14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

14.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

15. Entire agreement

15.1 Subject to Section 9.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.

16. Law and jurisdiction

16.1 These terms and conditions shall be governed by and construed in accordance with British law.

16.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Great Britain.

17. Statutory and regulatory disclosures

17.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

17.2 These terms and conditions are available in the English language only.

18. Our details

18.1 This website is owned and operated by Zoe Woodward Gardening Limited.

18.2 We are registered in Britain under Companies House number 12925805, and our registered office is Swan Cottage, Church Road, Stoke Hammond, Buckinghamshire, MK17 9BP.

18.3 You can contact us:

(a) by post, using the postal address given above;

(b) by email, using the email address published on our website.

Dahlia Tubers

We guarantee that our dahlias will grow and are true to variety. Tubers vary in size depending on variety and size does not effect the overall flowering. We are not responsible for poor customer care, weather, rodent or animal damage. To ensure the best results, follow the detailed growing instructions on Zoe Woodward Gardening Instagram stories (under highlights) for your tubers. Your dahlias should sprout through the soil within 3-5 weeks from planting. If they fail to sprout within 6 weeks of planting, please notify us immediately.

Problems must be reported by July 31st of the year they were ordered. Replacement tubers will be sent out the following spring, stock allowing, or a refund of the purchase cost.

Dahlia Tubers are currently only available for England, Scotland and Wales customers.

Shipping will be between 15/20 days for all UK orders, from purchase date.

Our guarantee is limited to the purchase price of the tubers only; shipping costs are non-refundable. Zoe Woodward Gardening Ltd are not liable for any damage or loss resulting from crop failure.

Any orders returned to Zoe Woodward Gardening due to a failure/refusal to pay any duties/taxes, failure for Customer to collect order from courier will be ineligible for a refund of shipping fees and will be subject to a 25% restocking fee.

Course and Workshop Bookings

If you need to cancel your place, you must notify us four weeks or more, by email, before the date of the workshop. You may send a friend or colleague in your place or receive a refund. Any refund will incur a 10% re booking charge

If less than four weeks before the event, you may send a friend or colleague in your place. You are responsible for providing us with any changes in dietary requirements and also for ensuring that all joining instructions are forwarded on to the person attending. No refunds are available if less than 4 weeks notice from the event date.

No transfers of attendees can be made within 48 hours of the workshop.

Should we need to cancel the workshop, you will be either able to transfer your place to another course or receive a full refund.

HAZARDOUS PLANT MATERIAL WARNING

Please note that some flowers and plants may be harmful or poisonous.

In particular, your arrangement may contain foxgloves or lily of the valley, – which are poisonous and toxic if eaten, and lilies which can be extremely toxic to cats.

Please do not eat and avoid contact with children and animals. Please handle flowers with gloves and wash your hands before eating or drinking.

Definitions

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of our products

Privacy

As with all shops, we collect personal information from you when you place an order. We use this information to make your shopping experience as easy and enjoyable as possible. We need it to process your order, inform you of any delays or problems and to send you special offers and promotions.

The information we collect is:

Data Protection

If you have questions about your personal data or our privacy policy, please email info@zoewoodwardgardening.com or phone us on 07702 919 640.

To see all the information we have about you, and to correct any inaccuracies, please write to:
Data Protection
Zoe Woodward Gardening Ltd
Swan Cottage
Church Road
Stoke Hammond
Bucks MK17 9BP
UK

Orders:

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when ordering from us.

Contract creation

The technical steps required to create the contract between you and us are as follows:

The contract will be concluded in English.

Contract cancellation

Please note that you are entitled to cancel this contract within 14 days of you placing the order. Unfortunately, we will not be able to refund any reservations after this date. Any products cut from the garden without your prior cancelation will be chargeable. All products will be cut day before collection for AM collections and 4 hours before collection PM collections. Please note that your right to return Products does NOT apply to products which fall into the following categories unless they are faulty: goods made to your specification; perishable goods (for example flowers and food) or anything else we should include.

When you place an order for flowers, should you realise you have made a mistake or change your mind, we are able to amend to within 10% of the original order 10 days before the agreed collection date. The exception to this is within the 15 working days immediately prior to during the months of June and July, when we regret we are unable to accept amendments or cancellations.

Description of products

Each item purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Flowers

In the event of supply difficulties, we reserve the right to substitute goods or packaging of equal quality and value.

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Zoe Woodward Gardening Ltd and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

Please check back frequently to see any updates or changes to these Conditions. Questions regarding the Conditions should be directed to: Neil Woodward, Zoe Woodward Gardening Ltd, Swan Cottage, Church Road, Stoke Hammond, Bucks, MK17 9BP.

Many thanks for your patience reading all of this!