Our Terms and Conditions

Business Information:

Our head office address is:

19 Whitecoats Drive

Lytham

Lancashire

FY8 4HH

Telephone 07597 072161

Email: leafylytham@gmail.com

 

RETURNS POLICY

1. For items purchased from the Garden Hub which are not perishable, personalised, or specially bought in for you, if you are not satisfied with your purchase from us, you may return it within 28 days and we will be happy to provide an exchange. This is offered on the basis that your purchase is complete with all packaging, in the same condition in which the product was received in and is unused.

2. In line with government policy, we are not obliged to offer a refund for perishable or personalised items which include all our bespoke display services, garden design and landscape planting services. This is unless the goods or services supplied fall in to one of the categories outlined in point 3 below from the sale of goods act 1979.

3. In line with the sale of goods act 1979 (as amended) Goods can be returned to us outside this period if they are found to be:

   1. Not of satisfactory quality

   2.  Not as described

   3. Not fit for purpose

   4. Not to have lasted the length of time they were expected to

4.  Please take care to read the guidance publications or instructions which are provided with our goods and services as we will not accept any items which are returned to us because the guidance publications or instructions have not been read properly. We will also not accept an item as faulty due to general wear and tear or misuse of the item or because of adverse weather conditions.

5. Please be aware that annual plants are perishable within 2 to 4 months. For Perennials you can expect a minimum lifetime of 2 years, many last longer. Please see the RHS website for lifetime expectancy of specific plants. 

6. Return of an item is at your own cost except if the item falls in to a category outlined in point 3.

7. We request that all complaints regarding any of the items outlined in the sale of goods act 1979 are received in writing within 48 hours of the items being delivered.

 

 

TERMS AND CONDITIONS

These terms and conditions apply to all products and services for delivery to the UK. Placing an order constitutes your acceptance of these terms and conditions and the commencement of our contract with us. Your contract is with Greg Anderton T/As Leafy Lytham trading from the address as indicated above. Your statutory rights are not affected by any of these terms. Phrases ‘you’, ‘the client’, ‘the customer’ refers to the individual or company making the order. ‘Us’, ‘We’, ‘our’, ‘Leafy Lytham’ means us the business Greg Anderton T/As Leafy Lytham. These terms and conditions apply to orders with a retail value below £10,000 GBP/

1. Delivery Arrangements:

1. Clients who make an order which is to be delivered to Lytham, Ansdell, St Annes or Wrea Green will receive free delivery.

2. Customers who request delivery to other areas in Lancashire are asked to contact us in advance so we can provide you with a delivery quotation in advance.

3. Collection from our Garden Hub is available on an appointment basis only and comes at no extra charge. 

4. We reserve the right to charge extra delivery to any location where a large bulk order is made which requires special transport to be arranged. This will be agreed with the client in advance.

5. We reserve the right to refuse to deliver orders to premises were we believe animals could cause harm to ourselves. We request all dogs are in a secure room when we deliver your order.

 

2. Payment Arrangements:

1. We accept payment by the following methods:

   1. Cash -  for orders under £200 only

   2. Online internet banking transfer (please quote your invoice number as the reference)

   3. Cheque (please quote your invoice number on the back of the cheque)

2. We have different payment arrangements depending on which division of our business you deal with and how much your order totals.

Garden Hub at Lytham Hall:

1. Customers purchasing goods from the Garden Hub must pay for their purchases at the time of purchase by Cash, Cheque or using our card terminal.

For bespoke Displays and Garden Design Services:

1. For orders up to £500 clients must settle the bill in full within 14 calendar days of the works being completed.

2. For orders between £500.01 and £10,000, we will require a 50% deposit at least 14 calendar days before the order is to be delivered.  Clients then have 14 calendar days following delivery to pay the remaining 50% by one of the methods outlined in 2.2.1. Clients can also pay as a proportion of what work has been completed.

1. All goods delivered remain the property of Leafy Lytham until they are paid for in full.

2. By agreeing to these terms and conditions you agree to pay all amounts owed to Leafy Lytham on time and to the amount agreed by a suitable method agreed with us.
   3. Plants

3. 1. Hardy plant guarantee; Leafy Lytham guarantees all hardy plants for a period of 12 months from purchase date assuming that the plant has been planted and cared for properly. Whether a plant has been planted or cared for properly shall be at the sole discretion of Leafy Lytham’s employees or owner. This applies regardless of what part of our business you engage with. Annuals and Tulip Bulbs are regarded as perishable and so have no guarantee for performance.

   2. Plants are not all uniform, so colours in pictures may vary from the actual colour of the plants sold. (A reasonable variation in colour or size would not class as ‘not as described’ or ‘faulty’).

   3. Note that plants shown in our design booklets or images on our website or publications may not be the exact varieties used in all designs as we sometimes need to make substitutes due to availability. This again could not be classed as ‘not as described’ or ‘faulty’.

   4. We take all reasonable steps to ensure that plants arrive in good condition and are disease free but will not accept any responsibility for plants which develop diseases which are outside of our control.

   5. You understand that it is your responsibility to look after plants from the day they are planted unless you pay for our full maintenance service. We will not accept any responsibility for loss of plants due to neglect on your behalf.

   6. Please be aware that many of the plants used in hanging baskets, planters and bespoke displays are ‘annuals’ meaning they are perishable between 2 and 4 months following delivery. We will not accept claims that plants are faulty if they have come to the end of their natural life.

   7. We promise to supply you with vigorous, healthy products in their prime condition.

   8. Plants may not arrive in bloom as shown in the design booklet.

4. Weather 

1. Leafy Lytham will not accept any responsibility for loss of plants or design elements due to adverse or unusual weather conditions. 

2. Please be aware that the lifespan of certain plants may be shortened if we experience a prolonged cold or wet winter or the summer is extremely hot. Leafy Lytham cannot accept responsibility for this.

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5. Prices and Availability

1. Leafy Lytham reserves the right to change the listed prices in catalogues or on our website without notice at any time.

2. Prices which are provided in the form of a quotation are valid for 30 days from the quotation date. We reserve the right to change prices after this time. Your quotation is presented with reference to current market prices and our present hourly time rate and may be changed at any time in the event of change in government policy or exceptional economic activity which adversely affects us.

3. Estimates are for guidance purposes only and should not in any way be interpreted as a quotation.

4. We also reserve the right to refuse sale of items because they have sold out. There may be a delay between us selling out of the item and the item being listed on our website as sold out.

5. All our services are on a first come first serve basis. This means that it may arise that a client has had their garden designed but we are not able to complete the work on the originally suggested timescale because others have confirmed their order in the meantime and our capacity has become full. If this occurs we are not liable to provide a refund for design work or others work but will advise the client of the soonest time the work can be completed.

6. If, in error, a product(s) has been priced inaccurately, either at unit level or through the activation of a promotion, we will not be liable to supply that item(s) to you at the inaccurate price. In such circumstances, we will notify you of the correct price and ask you to confirm or decline your order for the item(s) in question. This applies even after a contract has been signed.

6. Client Supplier Relationship:

1. We further reserve the right to reject an order from a customer because on a previous order they have:

• Failed to pay at all

• Failed to pay within an agreed time scale

• Failed to pay by a suitable method

• Behaved in a threatening or unreasonable manner towards a member of staff or contractor.

  1. Leafy Lytham is covered by £5,000,000 public and product liability insurance. We will take all reasonable steps to ensure that during the delivery process and when your purchases are in use, no damage to your assets is caused.

7. Sub Contractors and Contractor:

1. A Client may employ sub contractors to complete works specified on garden design plans or working plans. This can include Hard Landscaping, Electrical work or plumbing. We may also employ contractors for you to help us complete:​

   1. Garden Planting

   2. Disposal of waste

2. If your order involves us overseeing a sub contractor; by signing these terms and conditions you understand that we will take all reasonable efforts to ensure that sub contractors adhere to completing the work they have been asked to do.

3.  Leafy Lytham is not responsible for any damage or loss which arises from a sub contractors work where the sub contractor is employed directly by the client. You agree that should you wish to make a claim, the claim is against the sub contractor who carried out the work and not Leafy Lytham.

4. Leafy Lytham does not guarantee the completion of work to your expectations by a contractor on our approved list. If your products are faulty or not as described, Leafy Lytham will not be liable to present a refund on their behalf, you will need to contact the sub contractor directly as you will have paid them directly as per their terms and conditions.

5. In order for a garden design to be described as a 'garden design plan' a client must use one a contractor who we have previous experience with. This is to protect us from becoming embroiled in disputes over workmanship. Clients will be informed which contractors are on this approved list from time to time.

6. Leafy Lytham reserves the right to remove contractors from it's approved list at any time.

7. Leafy Lytham has the following conditions in place to protect it's business from contractors who a client may employ who is not from our approved list. A). There will be no involvement in person or via phone / email from Leafy Lytham during the build process. B). The design plan will be downgraded to a working drawing and should be interpreted as for guidance purposes only. C). We will not become involved in design changes whatsoever once the contractor is on site. D). We will not return to the project address until the landscape works are complete and signed off by the client.

8. Each individual contractor takes full responsibility for their own liability.

9. For the avoidance of all doubt, all hard landscaping work is always completed by a landscaping company working directly for you 'the client' and never as a sub contractor of Leafy Lytham.

8. Terms and Conditions applicable specifically to bespoke displays, garden design and landscape planting services

1. Quotations are regularly provided as part of these services. These are done so in as much detail as reasonably possible to avoid misunderstandings. If you spot that there is something missing, please inform us as soon as possible and we will revise your quotation accordingly.

2. All our work is priced up on the basis that there is free access and unimpeded working conditions between the hours of 8am to 6pm Monday to Sunday. Free access is required for delivery of materials, plants, equipment and materials.

3. All materials remain the property of Leafy Lytham until they are paid for in full by one of the methods outlined 2.2.1.

4. Accepting one of our quotations within 30 days of its presentation either in writing or verbally and agreeing to the commencement of works will allow these terms and conditions to come in to affect.

5. In the event of unforeseen circumstances arising, or any other circumstantial changes, the quotation price or estimated cost can be revised to reflect the situation at hand.

6. We will not undertake extras further to both full discussion with the client, and, verbal or written agreement. These will be billed at the agreed rate.

7. Whilst we will protect existing surfaces with the use of dust sheets and loose plastic sheeting along with care in our general working, the responsibility for protection from damage of any existing surface is the responsibility of the client. Arrangement can be made to put in place to protect existing surfaces, over and above the basic cover, though this is at additional cost.

8. Once a design has been costed and you have agreed for the design to be put in to place, costs arising from any changes or additions you make to the design or project scope will be priced in addition to the original quote. Additional project management fees which arise from such circumstances will be added also.

9. Timescales are given for guidance purposes only and will not be liable to offer a reduction due to works taking longer than expected. Once the project has started it will take as long as required to complete the work to a satisfactory quality. Please let us know if you have a particular deadline and we’ll do our best to ensure this deadline is met.

10. For Garden Design and Border planting, while autumn planting displays are usually completed in one or two stages, it is normal for us to plant spring and summer schemes over a period of time usually between April and July. This is to ensure that suppliers do not send out plants before they are ready and affect the guarantee.

11. Rights to cancellation of a design and or planting project: Once you have returned your project acceptance form and paid your deposit it is unlikely that we will be able to cancel the project as purchases will have been made for your project already which will likely be non returnable for us. We are happy to work with each client individually to bring a project to a close should unforeseen circumstances arise for the client however any refund of the deposit in whole or part shall be at the sole discretion of Leafy Lytham.

12. Leafy Lytham endeavors to take a positive helpful attitude during our working relationship and will always attempt to bring work to a satisfactory conclusion at the soonest possible date. This is however taking into account weather conditions, the availability of specialist materials and unforeseen circumstances.