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Terms and Conditions

This site is operated NutsnCones.com, 35 Leverstock Green Rd, Hemel Hempstead, Herts HP2 4HH
These Terms and Conditions shall apply to any legal or natural person ('the customer') accessing this site or using the service provided.
Access to, and use of, the service is at all times at the sole discretion of NutsnCones.com and the service is only available to a customer with the consent of NutsnCones.com who can withhold consent to the customer' s use of this site at any time notwithstanding that the customer may have made previous use of the service.
NutsnCones.com will not be liable for any damage or loss, direct or consequential, arising out of any lack of access to the websites at any time by the customer, or by any others persons or body.

PRIVACY

NutsnCones.com is committed to protecting your privacy. We will only use the information that we collect about you fairly and lawfully (in accordance with the Data Protection Act 1998) and according to the Which? Web Trader Code of Conduct. We collect information about you for 2 reasons only: firstly, to process your order, second, to provide you with the best possible service so as to enable us, if there is a query with your order, to contact you. NutsnCones.com will not pass your information to other parties save and only as may be required to process your order such as with suppliers of items sold, delivery services and card processing services. Once your order has been processed all personnal and financial information will be destroyed, NO financial or personnal data is stored by NutsnCones.com.

UNVAILABILITY OF PRODUCT

Whilst NutsnCones.com will at all times take all reasonable steps to ensure that the products or services, are available as requested, the customer understands that it is in the nature of the type of the service offered on this site, and through no fault of their own, this may not be possible. In such event a suitable alternative item will be offered to the customer who agrees to use his or her best endeavours to accept such an alternative as an appropriate replacement.

DELIVERY

Normally despatch of orders is within 2-3 days business days, although this can be up to 5 days during very busy periods, if a longer period is required such as, under the Consumer Protection (Distant Selling) Regulations 2000, requires the consent of the customer, as indicated to the customer by e-mail prior to acceptance of the offer. If the customer does not agree to such longer period of delivery as specified in such e-mail then he or she agrees to so notify NutsnCones.com of such objection by replying to the e-mail within 24 hours of its receipt at the customer's e-mail address.

It is agreed that the arrival of the product, at the address given by the customer at the time of order and amounts to delivery in full under the contract of sale notwithstanding that it may not be possible for whatever reason to actually deliver within such premises. It is the responsibility of the customer to ensure the latter is possible.

If at any time the customer wishes to cancel the purchase after delivery of any goods then, without prejudice to any challenge to the validity of being so able to do and to the respective rights and obligations on the part of NutsnCones.com and the customer, it shall be the duty of the customer to return the goods to NutsnCones.com and the cost of the return of the goods to NutsnCones.com shall be borne by the customer, save and unless the items provided were not as ordered by the customer but were substitute products provided due to the non-availability of the ordered product and had not previously been agreed by the customer as an acceptable replacement, in which event only the cost of the return of the goods shall be borne by NutsnCones.com.

The customer may be subject to local taxes and duties levied in the country of residence of the customer. The customer accepts full responsibility for ascertaining such taxes and duties prior to submitting an order and for their payment.

RETURNS & CANCELLATIONS

Returns of non damaged goods, you must notify NutsnCones.com within 7 days of receipt of goods for information on returns. No goods will be accepted without notifying NutsnCones.com first.
Goods must be unused and in original undamaged packaging, the cost of all shipping including returns is payable by the customer. NutsnCones.com can arrange collection for you of larger items at cost
Returns of damaged or faulty goods if notified within 7 days of receipt will be borne by NutsnCones.com IF THE GOODS HAVE BEEN SIGNED FOR ON RECEIPT AS DAMAGED, goods must be returned before replacement or refund can be issued.
Cancelled Orders, should a customer wish to cancel their order prior to despatch, the customer will be responsible for all charges incurred by NutsnCones.com up to the point of cancellation which will include credit card charges and admin charges.
Any problems with seed germination must be reported within 30 days of receipt of order.


GENERAL

For the avoidance of doubt, e-mail is considered to have been 'sent' when successfully remitted on to the Internet in a form or manner that does not prevent successful collection by the recipient.
The customer accepts that he or she will not hold NutsnCones.com, its officers, employees or agents or others acting under its name, responsible in any way for any loss or damage caused directly or indirectly by the items the subject of sale on this site nor seek cancellation of the contract or reimbursement of all monies paid for items save in accordance with rights of cancellation under the Consumer Protection (Distant Selling) Regulations 2000 nor hold responsible NutsnCones.com, its officers, employees, agents or others acting under their name for the quality of products or services.
Notwithstanding the above if any liability in law rests on NutsnCones.com, the customer agrees that NutsnCones.com can in no sense be responsible for any loss or damage consequential on any failings alleged in the product or service and will limit financial claim to recovery of the amount of the purchase price.
NutsnCones.com make no warranty that any statements or text within this site is accurate and accepts no liability for any lack of accuracy therein.
Any failure by NutsnCones.com to enforce any of its rights under agreements entered into under this site and the service provided hereon and these Terms and Conditions shall not be construed as a waiver of any of its rights herein.
NutsnCones.com are entitled to refuse any order placed by you without giving any reason; this has been included due to the increase of credit card fraud on the Internet.
The information contained on this website is given as a guide only, seed descriptions and their use and yield are for information purposes, as variation in local or climatic conditions can render this information inaccurate. Customers should satisfy themselves that any seed that is ordered is satisfactory for their climatic conditions and order such seeds at their risk.

LIABILITY

NutsnCones.com attempt to ensure that the information available on the web site at any one time is accurate. However, we cannot guarantee that it will be fault-free. NutsnCones.com make no representations about the fitness for a particular purpose of any of the products available on this web site. This does not affect your statutory rights as a consumer. You understand that seeds and plants are living things, and I cannot guarantee that seeds will germinate or that plants will grow and thrive, due to the length of time, the high temperatures for germination, and the difficulty in germinating Hot Chilli Peppers, exotics, tree, palm, cycad and shrub seeds, and that herb and wildflower seeds are uncertified no guarantee is given whatsoever.
Orders outside the EU, I cannot be liable if any product is seized by customs or quarantine departments in your country.

APPLICABLE LAWS

All agreements entered into under this service shall at all times be governed and construed in accordance with the laws of England and Wales and, further, that the courts of England and Wales shall have exclusive jurisdiction over any legal action between NutsnCones.com and the customer and other parties arising in connection with such agreements or this site.