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Terms and Conditions

1. Definitions
'We' means (Hedgesmart) Limited – company number 06765147)

'Customer' means a person making a purchase of plants or other goods, in person, at our nursery.

2 Price
2.1 The prices payable for plants and other goods that customers may purchase are as set out on the signs around the growing beds.

2.2 By making a purchase of plants or other goods the customer implies an acceptance of these terms.

2.3 Delivery if required is charged as extra and is payable directly and separately by the customer to a third party who undertake to deliver for you. We accept no liability resulting from the timing or any other issue in respect of delivery and it is therefore excluded by the terms of the contract.

3 Liability
3.1 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. All plants and other goods are sold 'as seen', we offer no warranty regarding their lifespan, growth, suitability for purpose or productiveness.

3.2 Cars are parked on our premises at the customers risk, we accept no responsibility for loss or damage to vehicles or other property however caused.

3.3 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.

3.4 Plant sizes quoted are approximate and pictures on our website are for guidance only, and we give no representation or warranty as to description, productiveness. Suitability for purpose or lifespan. There are inevitable natural variations in plant size, shape and colour; further, plants will tend to be smaller at the beginning of their growing season and larger at the end.

4 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 Hopes Grove Farm, Smallhythe Road, Tenterden, Kent TN30 7LT and all notices from us to you will be displayed on our website from to time.

5 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.

6 Events beyond our control
We will 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.

7 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.

8 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.