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Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping

  

Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping  are part of the same group and the term of “us” or “we” refers to Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping .

Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping  is the owner of the wholesale and retail site whose registered office is Moore Stephens (South) LLP The French Quarter 114 High Street Southampton SO14 2AA Company registration number is 01311474 (England and Wales). VAT No. 293554334.

The term “you” refers to the user or viewer of our website.

Contact details Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping Boldre Lane, Boldre Lymington. SO41 8PA.  Sales Office on 01590 672550 or mail@shallowmead.co.uk or landscaping@shallowmead.co.uk

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this quotation for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this quotation is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this quotation meet your specific requirements.

This quote contains material which is owned by, or licensed to, us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this quote, which are not the property of, or licensed to the operator, are acknowledged on the Shallowmead Wholesale and Retail Nurseries Ltd website.

All contacts are drawn up on the basis of English law and will be used as such for interpretation.

Project Quotation 

Only works stated in the written specifications within the quotation will be undertaken. Any additional works requested will incur further costs. When a client has provided the project details, all quotations are subject to their accuracy and are based on the information given. Any discrepancy or variation found from the original client’s data will be subject to a price review with a written quotation revision being made. Likewise once a quotation has been formally accepted, any changes or additions will incur a charge.

Suitable access and storage must be provided by the client whilst the contract is in progress on any agreed working day between the hours of 8am and 6pm.

Prices are valid for up to 30 days from the date of quotation.

All dimensions stated in the written specification given are approximate (nominal). All measurements should not be scaled from any drawings unless specifically stated otherwise. If required Shallowmead Wholesale and Retail Nurseries Ltd reserve the right to substitute any material/plant of equal value and colour/ style/ size as per specification.

Legal Requirements

All legal requirements, including planning permissions, are the sole responsibility of the client. It is the responsibility of the client to advise Shallowmead Wholesale and Retail Nurseries Ltd the positioning of all main services, if required. No responsibility will be accepted for damage caused to mains services not notified.    Whilst every care is taken by our landscape operatives when using plant and machinery we cannot be held negligent should any claims for damages arise. Such claims should be made through the client’s household insurance.

Product Pricing

The prices payable for goods that you order are as set out in this quote.

Delivery is included within the price, but it might not be possible for us to deliver to some locations.

General

If purchasing a natural product (stone, plants, shrubs, trees), please bear in mind these are organic with natural properties. Colours may mellow or sharpen, over time, as a product settles/develops from the colour seen. This is a natural, normal and ongoing process. It therefore cannot be guaranteed that every plant or slab with in the same crate/pallet will be exactly the same colour, or shade, as another. Crates/pallets may also colour vary. Natural stone is quarried within seams and these will offer colour variation and temperament. Colours will also be enhanced when wet and/or treated with a sealant.

Tip – only seal a small section of a slab with sealant to test the impact of the application.

The range of reconstituted stone products available for delivery via Shallowmead Design and Landscaping is designed to replicate the characteristics of natural stone, where shades are subtle and subject to slight variation. This is especially highlighted in the weathered shades where many products are handmade to ensure a unique shade and colour mix giving a completely random natural look. Seasonal manufacture and natural variations in aggregate colours can also cause variation. Colours can appear to change significantly depending up prevailing conditions such as sunlight, heavy shade or rain.

It is recommended that, where possible, products are selected from the same production batch. The colours represented on the website are as accurate as modern reproduction techniques allow, but actual colours (natural and reconstituted) may vary. All reconstituted weather, over time, in a similar way to natural stone.

Plants, whilst similar within each species,  will have individual characteristics, grow at different rates with varying shades and colours. Even adjacent plants can develop at different rates depending on the light/shade/dampness of their surroundings.

Ethical Trading

Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping  grow the vast majority of their own plants, but do source other products locally, but also from around the world.

To ensure standards are maintained and suppliers act responsibly, the Ethical Trading Initiative (ETI) was established in the 1990’s. ETI adopts a code of conduct safeguarding and improving the well being of workers across the globe via an alliance of companies, trade unions and voluntary organisations. These bodies work together to improve the lives of poor and vulnerable workers. Many companies Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping  deal with exceed the minimum criteria of –

  • Employment is freely chosen.
  • Freedom of association and the right to collective bargaining are respected.
  • Working conditions are safe and hygienic.
  • Child labour is not used.
  • Living wages are paid.
  • Working hours are not excessive.
  • No discrimination is practised.
  • Regular employment is provided.
  • No harsh or inhumane treatment is allowed.

Application/Suitability

Unless otherwise stated, materials featured in this quote are intended for domestic landscape projects with any decorative paving not being suitable for driveways. Jointing of products should also be carefully considered. Inappropriate, or poor quality self jointing, is not the responsibility of Shallowmead Design and Landscaping with the liability resting with the client or their 3rd party appointed contractor.  

If you are in any doubt as to the suitability or any product/plant for a given application, please call 01590 672550. Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping  cannot accept any liability where products/plants have been used for an inappropriate purpose. In the unlikely event of products/plants reaching you in a less than satisfactory condition, call us immediately allowing for time for the rejected product to be replaced. If a complaint is raised after laying the product/planting, Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping , or its suppliers, cannot accept responsibility for any defect. De-icing materials should not be used on decorative paving and pressure washing should be avoided. Chemical cleaners should only be used if they are specially formulated for use with the paving type.

Handling

Good manual handling techniques should be adopted when handling products/plants. Some products in our range are heavy, or an awkward shape to lift, so it is recommended that suitable lifting equipment is used.

Surface Appearance

Occasionally, dark and light patches may occur on the surface of reconstituted paving. This is due to differential weathering, where the surface of the paving has cured at different rates. Likewise, patches of colour variation may appear on natural paving as the stone becomes acclimatised to, or reacts with, its surroundings. These patches will generally disappear over time and neither Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping , nor its suppliers, can be held responsible for such appearances.

Efflorescence

Similarly, Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping, or its suppliers, cannot accept responsibility the effect of efflorescence, which can be a positive characteristic of good quality products with a high cement content. The phenomenon may be exhibited by an apparent loss of intensity of colour and the appearance of a milky white bloom on the face of the product. The effect generally disappears with time and is no way detrimental to the performance of the product.

Size and Joint Widths

All dimensions quoted for paving on this website are “nominal” (allowance is made for the joint) and are there for guidance only. For those products listed with “actual dimensions”, minimal jointing may be required. Small size variations (+/-3mm) may be witnessed as a result of the commercial cutting process so butt jointing is not recommended.  Actual sizes and thicknesses may vary, particularly on the products designed to replicate natural stone, which have features such as riven profiles and fettled edges. Where space is critical, we recommend dry laying the product to check the area required (especially circles). Allow a nominal 10mm joint width unless otherwise stated. When laying random paving and circles. Joint widths will depend on the paving type and laying pattern chosen and will vary from approximately 10mm – 30mm.

Planting

Any necessary maintenance to the landscaped areas has not been allowed for unless specifically included within the quotation. Watering has not been allowed for within our quotation and is the responsibility of the client. When planting, we accept no responsibility for flowers or shrubs failing to leaf or flower. When planting, should certain plants not be available, we reserve the right to discuss substitutes with the client.

Plants

All plants supplied by Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping  are “Plant Passported” which confirms their provenance and that they are disease free at the point of sale.

Full care instructions will be provided for each plant either at the point of sale, or at the time of planting, whichever the later.

Delivery of goods to you

We will deliver the goods/plants ordered by you to the address you give us for delivery at the time you make your order.  Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

If you have chosen to pay in advance for the product, in addition to your project deposit, you will become the owner of the goods/plants you have ordered when they have been delivered to you. If however, you have only paid a project/plant deposit in advance, you will not become the owner of the goods you have ordered when they have been delivered to you until such times as the contract is settled in full. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

Liability

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

If you notify a problem to us under this condition, our only obligation will be, at your option:

to make good any shortage or non-delivery;

to replace or repair any goods that are damaged or defective; or

to refund to you the amount paid by you for the goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from us. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase..

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer, under applicable local law, or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping, Boldre Lane, Boldre Lymington. SO41 8PA.

Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Entire agreement

These terms and conditions, together with our current prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Changes to legal notices

We reserve the right to change these terms and conditions without notification

Protection, Guarantees and Workmanship

Certain plants and materials including some natural stone and paving, including terracotta, can be damaged in extreme weather conditions if not protected. It is up to the client to take the necessary precautions to prevent such damage and is therefore outside of the control of Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping . To prolong the life expectancy and to keep the manufactures guarantee live, any guidelines and instructions should be followed by the client – in particular Winter care and protection. 

Timber is a natural product and therefore is liable to certain changes in an external environment. Temperature extremes and changes in weather conditions will affect outdoor timbers. The loss of shape, warping and splitting can be caused by heat variation. This is natural and in all bar a few cases timber will revert to its original shape.

In the rare event that a client is unhappy with the works carried out- at any point of the project- it is essential to contact the project manager immediately with any concerns in order for them to be addressed.

Project Publication

Unless an objection is received prior to publication, we reserve the right to use any plans, photographs or drawings for display or future purposes whilst ensuring your anonymity.

Project Payment

Until final payment has been made and cleared, all materials left on site at the client’s address remain the property of Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping .

On larger and longer projects, a payment schedule will be agreed. The schedule may include a deposit, a (number of) stage payment(s), that are triggered by either time, or by completion of a particular stage, plus a final payment. As all projects are different, each project will have a bespoke payment schedule. If  the agreed payment schedule is not adhered to, Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping  reserves the right to withdraw from site.

Any cost incurred by Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping,  as a result of client cancelation, will be deducted from the deposit prior to refund.

All overdue payments will be subject to the statutory rate of late payer interest of Base plus 8%. All variations to the payment schedule must be in writing and signed by all parties with payment to be paid in full at contact completion.

In the event of non, or late payment, the client is by definition allowing access to the site to allow Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping  to recover product and material to the value of the default payment(s). 

Shallowmead Wholesale and Retail Nurseries Ltd/Shallowmead Design and Landscaping  reserve the right to take legal action to recoup any outstanding payments and charges incurred.

Payment

The deposit, stage payments and final balance may all be paid by BACS to the following account. Shallowmead Wholesale and Retail  Nurseries Ltd/Shallowmead Design and Landscaping  Sort Code –  403036 Account Number 51515926. Initial product will be ordered once cleared funds for the agreed deposit have been received. Stage payments and the final balance should be paid by return.

Credit Cards will be accepted. Neither Debit, or Credit, Cards will incur a transaction charge.

Cancellation by You

Your right for you to cancel your contract

You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract although you may have to pay a collection fee if the goods have already been delivered..

To cancel your contract you must notify us in writing.

If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract, but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

Cancellation by Us

We reserve the right to cancel the contract between us if:

we have insufficient stock to deliver the goods you have ordered;

we do not deliver to your area; or

one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card, or refund any amount paid by BACS, as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

All V.A.T. is payable at the current published rate on any contract.