Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service Representatives by e-mail, or call us on 01257 401 193 between 9am and 5pm Monday to Friday (please note that all calls to our Customer Services Representatives will be charged at the standard rate).

Definitions
"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means New eaf Gardens Ltd.; "Website" means the website located at www.newleaftopiary.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.

Use of the website
Access: You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Information entered by you: You warrant that:

• The Personal Information which you are required to provide when placing an order as a customer is true, accurate, current and complete in all respects; and
• You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail, or calling us on 01257 401 193 between 9am and 5pm Monday to Friday.

Privacy policy: You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information. We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:

• Processing your orders;
• For statistical purposes to improve this Website and its services to you;
• To serve website content and our advertisements only, to you;
• To administer this website;
• If you consent, to notify you of products or special offers that may be of interest to you.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

When you create a shopping account while ordering online you will be given the option to receive information from us by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the ordering process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing us at info@newleaftopiary.co.uk or telephoning us on 01257 401 193 between 9am and 5pm Monday to Friday.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information we are entitled do so.

Please check back frequently to see any updates or changes to our privacy policy.

Questions regarding this Policy should be directed to Outdoor Living as follows:

Attn:
Customer Services
New Leaf Gardens Ltd.
1 Parkfield, Wigan WN6 8DD
UK

email : info@newleaftopiary.co.uk
email : sales@newleaftopiary.co.uk
telephone : 01257 401193

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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 this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights: We reserve the right to:

• modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  
  

Third party links: To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Purchase of products
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 accessing or ordering from the Website.

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

• You place the order for your products on the web-site by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the web-site.
• We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from New Leaf Topiary. Your order confirmation as well as delivery instructions will be made to you by telephone at the preferred time you have entered during the online order process.
  
• As your product is in the process of being despatched, we will send you a confirmation email. With some orders, an online tracking system will be available and you will be notified if this means of despach offers this service. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in 'How to cancel your order'.

Non-acceptance of an order may be a result of one of the following:

• The product you ordered being unavailable from stock.
• Our inability to obtain authorisation for your payment.
• The identification of a pricing or product description error.
• You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

The details of your specific contract will be filed by Outdoor Living. If you do require any information regarding orders you have placed with Outdoor Living please write to us at the following address:
Attn:
Customer Services
New Leaf Gardens Ltd.
1 Parkfield
WN6 8DD Wigan
GB

email : info@newleaftopiary.co.uk
email : sales@newleaftopiary.co.uk
telephone : 01257 401193

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Contract cancellation: Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than eight working days after the day on which you receive the Products.

If you wish to exercise your right to cancel this contract prior to order despatch, please contact us immediately at the above address and telephone. If your order has already been despatched please follow the procedure set out in our 'Returns policy'.

Please note that your right to return Products does NOT apply to Products which fall into the following categories:

• Goods made to your specification (for example, topiary shaped to your specifications)
• Drought-ridden or neglected plants (for example plants not watered or sheltered from frost etc)

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

Payment: All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered plus any delivery charges as set out in the 'Delivery section' of this Website. Payment can be made by any of the methods specified in the 'Payment section' of this Website and payment will be debited and cleared from your account as set out in the 'Payment section' of this Website.

You confirm that the credit or debit card that is being used is yours.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

All card payments are processed for you by New Leaf Gardens Ltd. at no fee, included in the cost of your purchase. The balance is paid to New Leaf Gardens Ltd. or New Leaf Topiary. The total amount you pay is the same regardless of the payment method. This only applies to those advertising through our website. Suppliers and other online shops linked to our website may charge fees for the processing of credit and debit cards.

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Refusal of transaction: We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:

• Provide your real name, phone number, e-mail address, payment details and other requested information
• Be over 18 years of age
• Stipulate a delivery address in the mainland United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
• Possess a valid credit or debit card issued by a bank acceptable to us

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Returns: Returns should be made in the original, undamaged packaging, and we reserve the right to withhold a percentage of the refund value of returned goods if the product or packaging is in such a condition that the item needs to be reduced in price for resale.

Installation: Any installation carried out by installers whose details are provided by New Leaf Gardens Ltd. is covered by the contract between you and the installer. Therefore we can accept no liability for claims arising from installation of products purchased from us, and in the event of any queries or problems arising from work carried out by the installers, customers must contact the installer concerned.

We strongly advise that you arrange for your installer to call the day after scheduled delivery at the earliest, since we are unable to guarantee a delivery time of day.

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Notice to customers:
Any details you supply will be held by New Leaf Gardens Ltd. and their Administrators who will have access to these details only for the purposes of administering your aftercare service plan if applicable. These details will not be kept for longer than necessary. You are entitled to a copy of this information.

From time to time New Leaf Gardens Ltd. and New Leaf Topiary may contact you to ask if you have been satisfied with the service. You will be under no obligation to answer these questions but they will be grateful for your co-operation which will help them improve standards.

General:
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.

Compliance with laws: The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

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.

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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 New Leaf Topiary 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 us: The registered company address of New Leaf Gardens Ltd. and New Leaf Topiary. is:
Attn:
Customer Services
New Leaf Gardens Ltd.
1 Parkfield, Wigan WN6 8DD
UK

email : info@newleaftopiary.co.uk
email : sales@newleaftopiary.co.uk
telephone : 01257 401193

Contact details for New Leaf Topiary are set out in the Contact us section of our Website.

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