The following are the Terms and Conditions of using this website – www.hollybush-garden.co.uk
To view the our Condition of Sale Terms & Conditions please CLICK HERE
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
8. Disclaimer of Liability
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions
HOLLYBUSH NURSERIES LIMITED Conditions Of Sale
- For some items not yet in stock, you can pre-order them to avoid the disappointment of us selling out. We require 20% at the time of ordering. We will contact you to arrange a delivery date as soon as the stock arrives in our warehouse.
- Please note due to the current Global situation with delays, the ‘In Stock Date’ is only an estimate and is subject to change. You will be eligible for a full refund should the original ‘In Stock Date’ exceed 30 days.
- Delivery is kerbside only and we are unable to bring the item into your property or remove any packaging unless by special arrangement. Please ensure you have the appropriate arrangements in place to move to your preferred location.
Returns & Refunds Policy
- We are happy to exchange unwanted goods within 28 days of purchase on production of a valid receipt, providing the goods are in a saleable condition and still in the original packaging.
- Alternatively, we can offer you a store credit at our own discretion.
- We do not accept refunds on any unwanted goods after purchase. Your statutory rights are unaffected. A store credit note or exchange may be issued at our own discretion.
- A refund can be authorised for any clothing that cannot be tried on in store.
- Please check your receipts before leaving the store as mistakes cannot be rectified later.
- In the unlikely event your purchase is damaged please contact us on 01922 418050 between 9.00am – 5.30pm Monday to Saturday and 10:15am to 4:15pm Sunday for next steps.
Liability For Products Delivered
- As a consumer, you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms of Sale will affect these legal rights.
- Please note that the images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images. Please refer to the product descriptions on the website which will set out full details of the product.
- Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- Except as expressly provided in these Terms of Sale, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
- We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any terms implied under the Sale of Goods Act 1979 or the Sale of Goods and Services Act 1982;
- any liability arising under the Consumer Protection Act 1987; or
- any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- Except as set out above, we are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts; or
- loss of anticipated savings,
- Provided that this shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the above.
- Please present the voucher to the cashier before they begin to ring in your purchase.
- One voucher per transaction and per customer.
- Not valid in conjunction with any other offer, voucher, gift card/voucher.
- Gift cards/vouchers, gas and concession products are excluded from money off vouchers.
- Offers subject to availability and while stocks last.
- Hollybush and HTA gift cards are redeemable in store only.
- The value of purchases will be deducted from the card balance.
- No change will be given but the balance may be applied to future purchases.
- Cards cannot be exchanged for cash or any other gift vouchers.
- Hollybush cannot be held liable for lost, stolen or damaged gift cards or credit notes. They will not be replaced, or its value refunded in any of these circumstances.
- By activating and or redeeming this gift card you accept and agree to our terms and conditions.
- Hollybush has the right to charge a re-stocking fee if a product has been returned to us in an unsaleable condition.
- For example if a products packaging has been open, or the item has been built, we will accept it back for an exchange or credit note with a re-stocking fee of up to £50.00
- At Hollybush, we are proud of the quality of our plants.
- If your plants die within the first twelve month’s we will replace them free of charge.
- Return the plant along with your proof of purchase and plant label and we will happily replace your plant or issue you with a credit note.
- This guarantee is subject to you following the planting and care instructions supplied with the plant. Extreme climatic conditions may invalidate this guarantee.
- Houseplants, bonsai and bedding plants are excluded from this scheme.
- Your statutory rights are unaffected.
Pet & Aquatic Livestock Guarantee
- Pets are living creatures which must be cared for everyday . We care for them here and do not knowingly sell an animal that is sick, or suffering from any visible deformity.
- Please do not buy a pet unless you are prepared to care for it for the rest of it’s life. Remember that many pets do enjoy a long lifespan.
- Do not buy a pet for friends or relatives without first discussing it with them and getting their agreement. You must be satisfied that they will care for it properly.
- Do not have second thought after you have brought a pet from us. It is extremely unlikely that we will be able to have it back.
- We offer a 48 hour guarantee of livestock but we cannot guarantee it’s sex and although some animals live happily together, we advise that this is done at the owners risk.
- Please let us know immediately if your pet appears to be unwell. We may refer the problem to our own Vet if necessary. We DO NOT pay vet fees except by prior arrangement.
- Our Aquatic Livestock Guarantee is 48 hours from date of purchase, we do require proof of purchase & a water sample available to be tested before replacement livestock is offered.
- Livestock will not be on sale straight after arriving from supplier. They will remain off sale until their quarantine period is complete or a Staff maybe is happy with the condition of the Livestock.
If you’re buying a new electrical item, we will recycle your old one for free.
- Unwanted electrical equipment is the UK’s fastest growing type of waste.
- Many electrical items can be repaired or recycled, saving natural resources and the environment.
- If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination – harming wildlife and human health.
We can help
- We are pleased to offer our customers the chance to recycle their old electrical items when purchasing a new item from us.
- Please speak to a member of staff for details on how to dispose of your Waste Electrical or Electronic Equipment (WEEE).
Crossed out wheeled-bin symbol
- To remind you that old electrical equipment can be recycled, it is now marked with a crossed-out wheeled bin symbol.
- Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin.