Conditions of Use
1 - In General
This website is run by Beechwood Nurseries Limited,32 Greyabbey Road,Ballywalter,Co.Down,N.Ireland,BT22 2NY. Access to and use of this website and the products and search services available through this website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This website may also contains links to other websites, Web pages and services, which are not operated by Beechwood Nurseries (the "Linked Sites"). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to the these Terms of Service. You recognise that Beechwood Nurseries has no control over such Linked Sites and information, and you accept that Beechwood Nurseries provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
3 - Prohibitions
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Beechwood Nurseries Web site
4 - Intellectual Property, Software and Content
The intellectual property rights in all software made available and content supplied to you remains the property of Beechwood Nurseries, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Beechwood Nurseries, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the 3fatpigs.co.uk site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied Beechwood Nurseries, its licensors, advertisers or content suppliers. are trade marks belonging to . No license or consent is granted to you to use these marks in any way, and Beechwood Nurseries reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of Beechwood Nurseries.
5 - E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to UK & Ireland and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Beechwood Nurseries are absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be Beechwood Nurseries or in certain cases a third party. Where a contract is made with a third party Beechwood Nurseries is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. Our returns policy. The cost of products and services may fluctuate. All prices advertised are subject to change without prior notice.
All items on our website are generally in stock for immediate delivery when you place your order, unless you are reserving stock in advance when it is out of season. These items are indicated throughout the site, along with the approximate delivery periods for the items. Plants and bulbs are living products and occasionally availability can be affected by adverse weather conditions and external factures beyond our control. In the event an item you have ordered is not available we will arrange back ordering the item until it is available again, a suitable alternative or a refund. Sizes and measurements of plants are approximate, as living items there will always be some variation between season, if recently pruned etc, and a minimum tolerance level of +/-10% should be allowed.
Delivery and Returns
Beechwood Nurseries delivers all year round to anywhere in the UK & Ireland. It is important that you specify a delivery address and it is vital that the information is accurate. Subject to stock, all items should be received within 2 to 4 working days, but please allow up to 5 working days for delivery. Please remember that some items on the site may be for ordering in advance, out of season, in which case, these will be delivered at the appropriate time for those items, as stated throughout the site. We suggest you have the items sent to an address where there will be somebody to receive your order. If this is not possible please be precise about where you would like the goods left if a suitable location exists. Beechwood Nurseries will not be liable under any circumstance should a delivery be delayed due to external influences beyond our control. Our carriers will attempt delivery 2 times if you are not in and leave cards informing you of this, and where they can be contacted to arrange a time to deliver when you will be available to received the goods. Should the carrier subsequently return the goods to us having left cards and attempted delivery more than once, we reserve the right to charge a £15.00 return fee. If the goods are returned by the carrier after they have attempted delivery several times and are deemed to be unsuitable for re-sale, due to their perishable nature, you will be liable for the full purchase cost of the items, and we reserve the right to re-ship your order or offer any refund for the goods at our discretion.
Returns can be sent back to us within 14 days of receipt for a full refund unused and in original packaging.
6 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE AND THE LINKED SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, BEECHWOOD NURSERIES DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND CONTENT INCLUDED IN AND ACCESSIBLE FROM THIS WEB SITE OR THE LINKED SITES.
7 - DISCLAIMER OF LIABILITY
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW BEECHWOOD NURSERIES, ITS CONTENT PROVIDERS, ADVERTISERS OR LINKED SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEB SITE OR THE LINKED SITES, EVEN IF BEECHWOOD NURSERIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. YOU HAVE READ THIS DISCLAIMER AND AGREE TO IT ON THE BASIS THAT YOU AGREE IT IS REASONABLE.
8 - DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS (�,� etc)
EXCEPT WHERE EXPRESSLY STATED TO THE CONTRARY ALL PERSONS, PRODUCTS, SERVICES AND LOCATIONS FEATURING ON THE 3FATPIGS WEB SITE ARE IN NO WAY CONNECTED, ASSOCIATED, LINKED OR AFFILIATED TO BEECHWOOD NURSERIES. FURTHERMORE, UNLESS IT IS EXPRESSLY STATED ON THE 3FATPIGS WEB SITE THAT A CERTAIN PRODUCT, SERVICE OR LOCATION IS CONNECTED, ASSOCIATED, LINKED OR AFFILIATED TO THE MAKERS, RIGHT OWNERS OR BREEDERS (THE "MAKERS") OF A PRODUCT OR BREEDERS OF A PLANT YOU SHOULD NOT MAKE SUCH AN ASSUMPTION, OR RELY IN ANY WAY ON THE EXISTENCE OF SUCH A CONNECTION, ASSOCIATION OR AFFILIATION, BY IMPLICATION OR OTHERWISE. ANY TRADE MARKS/NAMES AS MAY BE FEATURED ON THE 3FATPIGS WEB SITE ARE OWNED BY THE RESPECTIVE TRADE MARK OWNERS AND BEECHWOOD NURSERIES CLAIMS NO CONNECTION, ASSOCIATION OR AFFILIATION WITH THEM. WHERE A TRADE MARK (BRAND NAME) IS REFERRED TO IT IS USED TO DESCRIBE OR IDENTIFY THE PRODUCTS, SERVICES OR LOCATIONS (THE "GOODS") OR ELSE IT IS USED TO IDENTIFY THE MAKER OF A PRODUCT OR BREEDERS OF A PLANT.
You agree to indemnify, defend and hold harmless Beechwood Nurseries, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Beechwood Nurseries services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
10 Variation of content
Beechwood Nurseries shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the 3fatpigs Web site.
All information and material submitted by you to Beechwood Nurseries or that you publish on any public area of the 3fatpigs Web site shall be provided by the submitter and accepted by Beechwood Nurseries on a non-confidential basis subject to paragraph 2 above. Furthermore, Beechwood Nurseries shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Beechwood Nurseries shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
Beechwood Nurseries may at any time terminate or suspend any part of the Service without notice to you.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
14 Governing law
These terms and conditions shall be construed in accordance with N.Ireland law and the courts of N.Ireland OR the jurisdiction in which you are resident or domiciled (at Beechwood Nurseries election) shall have jurisdiction to resolve any disputes between you and Beechwood Nurseries, without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the UK, for any and all disputes relating to the Terms of Service, use of this Web site or any Linked site in the event that Beechwood Nurseries have elected N.Ireland as the jurisdiction.
15 Entire agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Beechwood Nurseries. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Beechwood Nurseries.