Overview
This website is managed by Whitegates Nursery Ltd. Throughout the site, the terms “we,” “us,” and “our” refer to Whitegates Nursery. Whitegates Nursery provides this website, along with all information, tools, and services available from it, to you, the user, contingent upon your acceptance of all terms, conditions, policies, and notices outlined here.
By visiting our site and/or purchasing from us, you participate in our “Service” and agree to adhere to the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms of Service apply to all site users, including browsers, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree with all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following any changes signifies acceptance of those changes.
1 - Online Store Terms
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
Any breach or violation of these Terms will result in the immediate termination of your Services.
2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) modifications to conform to and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information available on this site is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4 - Changes to the Service and Prices
Prices for our products may change without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any changes in price, modifications, suspension, or discontinuation of the Service.
5 - Products or Services
Some products or services may be available exclusively online through our website. These items may have limited availability and can only be returned or exchanged according to our Return Policy.
We have made every effort to accurately display the colours and images of our products. However, we cannot guarantee that your computer monitor will display colors accurately.
We reserve the right, though are not obligated, to limit the sales of our products or services to any individual, geographic region, or jurisdiction. We may apply this limitation on a case-by-case basis. We also reserve the right to limit the quantity of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for products or services on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel the quantity of items purchased per person, per household, or per order. This may include orders made through the same customer account, using the same credit card, and/or shipping to the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you using the email and/or billing address or phone number provided at the time of purchase. We also reserve the right to restrict or cancel orders that, in our judgment, seem to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all transactions made at our store. You also agree to promptly update your account details, including your email address, credit card numbers, and expiration dates, so we can process your transactions and contact you as needed.
For more detail please read our Returns Policy.
7 - Optional Tools
We may provide access to third-party tools that we do not monitor, control, or have any influence over.
You acknowledge and agree that we offer access to these tools "as is" and "as available," without any warranties, representations, or endorsements. We will not be liable for any issues arising from your use of these optional third-party tools.
Your use of optional tools provided through the site is entirely at your own risk and discretion. You should ensure that you understand and accept the terms set by the relevant third-party providers.
Additionally, we may introduce new services and/or features on the website in the future, including new tools and resources. These new additions will also be governed by these Terms of Service.
8 - Third-Party Links
Some content, products, and services available through our Service may include materials from third parties.
Links to third-party websites on our site may direct you to sites not affiliated with us. We do not review or evaluate the content or accuracy of these third-party sites and are not responsible for any third-party materials or websites, nor for any other products, services, or materials provided by third parties.
We are not liable for any damage or issues arising from the purchase or use of goods, services, resources, or content related to third-party websites. Please carefully review the policies and practices of any third-party sites and ensure you understand them before engaging in any transactions. Direct any complaints, claims, concerns, or questions about third-party products to the respective third parties.
9 - User Comments, Feedback, and Other Submissions
If you send us specific submissions at our request (such as competition entries) or, whether solicited or unsolicited, send us creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments") through any means (online, email, postal mail, etc.), you agree that we may, at our discretion, edit, copy, publish, distribute, translate, and otherwise use these comments in any medium without restriction.
We are not obligated to:
(1) keep any comments confidential; (2) compensate you for any comments; or (3) respond to any comments.
We may, at our discretion, monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or that violates any party’s intellectual property rights or these Terms of Service. However, we are not required to do so.
You agree that your comments will not infringe on any third party's rights, including copyright, trademark, privacy, or other personal or proprietary rights. Additionally, your comments must not contain libelous, unlawful, abusive, obscene material, or any malware that could affect the operation of the Service or related websites. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties about the origin of your comments. You are solely responsible for the comments you make and their accuracy. We disclaim all responsibility and liability for comments posted by you or any third party.
10 - Personal Information
Any submissions of personal information is governed by our Privacy Policy.
11 - Errors, Inaccuracies, and Omissions
Occasionally, our site or Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information or cancel orders if any information on the Service or related websites is found to be inaccurate, even after you have placed an order, without prior notice.
We are not obligated to update, amend, or clarify information in the Service or on related websites, including pricing information, except as required by law. A date of update or refresh on the Service or related websites does not imply that all information has been modified or updated.
12 - Prohibited Uses
In addition to the other restrictions outlined in the Terms of Service, you are prohibited from using the site or its content for the following purposes: (a) any unlawful activities; (b) soliciting others to engage in unlawful acts; (c) violating international, federal, provincial, state regulations, rules, laws, or local ordinances; (d) infringing on our or others' intellectual property rights; (e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or malicious code that could impact the functionality or operation of the Service, related websites, other websites, or the Internet; (h) collecting or tracking others' personal information; (i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) engaging in obscene or immoral activities; or (k) interfering with or bypassing the security features of the Service, related websites, other websites, or the Internet. We reserve the right to terminate your access to the Service or related websites if you violate any of these prohibited uses.
13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that any results obtained from using the service will be accurate or reliable.
You acknowledge that we may, from time to time, suspend or discontinue the service for indefinite periods or terminate it at any time without prior notice.
You agree that your use of, or inability to use, the service is at your own risk. The service and all products and services provided through it are offered "as is" and "as available," without any warranties or conditions of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances shall Whitegates Nursery, or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, or replacement costs. This applies whether such damages arise from contract, tort (including negligence), strict liability, or otherwise, related to your use of the service or any products obtained through it, or any other claim related to your use of the service or any product. This includes, but is not limited to, errors or omissions in any content, or any loss or damage resulting from the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such damages. Where some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, our liability will be limited to the fullest extent permitted by law.
14 - Indemnification
You agree to indemnify, defend, and hold harmless Whitegates Nursery, including our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands made by third parties. This includes covering reasonable attorneys’ fees resulting from or related to your breach of these Terms of Service or any documents they reference, or your violation of any laws or third-party rights.
15 - Severability
If any provision of these Terms of Service is found to be illegal, void, or unenforceable, it will be enforced to the maximum extent allowed by law, and the invalid portion will be considered removed from these Terms. This decision will not impact the validity or enforceability of the remaining provisions.
16 - Termination
Any obligations or liabilities that the parties incurred before the termination date will continue to be effective after the termination of this agreement.
These Terms of Service remain in effect until either you or we terminate them. You can end these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by stopping your use of our site.
If we, in our sole discretion, determine that you have failed, or we suspect you have failed, to comply with any term of these Terms of Service, we may terminate the agreement immediately without notice. You will remain responsible for all amounts owed up to the date of termination and may lose access to our Services (or any part thereof).
17 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service does not waive that right or provision.
These Terms of Service, along with any policies or operational rules posted by us on this site or related to the Service, represent the complete and exclusive agreement between you and us. They govern your use of the Service and replace any prior agreements, communications, or proposals, whether oral or written, including any previous versions of these Terms of Service.
Any uncertainties in the interpretation of these Terms of Service will not be interpreted against the party that drafted them.
18 - Changes to Terms of Service
You may view the latest version of the Terms of Service at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms of Service at our sole discretion by posting updates on our website. It is your responsibility to periodically check our website for any changes. Your continued use of or access to our website or the Service after changes to these Terms of Service have been posted constitutes your acceptance of those changes.
19 - Governing Law
These Terms of Service and any separate agreements under which we provide you with Services will be governed by and interpreted in accordance with the laws of England & Wales.
20 - Contact Us
Questions about the Terms of Service should be sent to us at: webshop@whitegatesnursery.co.uk
