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The Christmas Cabin Limited trading as Real Tree Solutions

Website Terms and Conditions of Supply

 

This page (together with the documents referred to in it including our Privacy Policy and Terms of Website Use) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract) to the exclusion of any other terms you may seek to incorporate or which are implied by trade, custom, practice or course of dealing. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. Information about us

1.1      We operate the website www.realtreesolutions.com. We are The Christmas Cabin Limited (trading as Real Tree Solutions), a company registered in England and Wales under company number 04076716. Our registered office and main trading address is at Plantation Lodge Farm, Castle Bytham, Grantham NG33 4SP. Our VAT number is 775743194.

1.2      To contact us for any reason, please see our Contact Us page or clause 19.

2. Our Products

2.1      The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflect the colour of the Products. The Products you receive may vary slightly from those images.

2.2      Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.

2.3      The packaging of the Products may vary from that shown on images on our site.

2.4      We sell certain Products on our website (including but not limited to chemicals and chainsaws) which may require a user of those Products to hold relevant certification(s) and/or to have received adequate training. It is your responsibility to ensure that you have, or any user engaged by you has, the relevant certification(s) and/or qualification(s) which may be required to use any Products we supply.

3. Use of our site

Your use of our site is governed by our Terms of Website Use. Please take the time to read our Terms of Website Use as it includes important terms which apply to you.

4. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

5. If you are a business customer

This clause 5 only applies if you are a business.

5.1      If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

5.2      These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.3      You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them. Accordingly, any descriptive material or advertising provided by us is produced for the sole purpose of giving an approximate idea of the Products and shall not form part of the Contract or have any contractual force.

5.4      You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

5.5      To the extent you resell any Products you shall maintain appropriate, up-to-date and accurate records to enable the immediate recall of any Products or batches of Products from the retail or wholesale markets. In addition you shall, at our cost, provide us with any assistance we require to recall, as a matter of urgency, Products from the retail or wholesale market.

6. If you are a consumer

This clause 6 only applies if you are a consumer.

6.1      If you are a consumer, you may only purchase Products from our site if you are at least 18 years old. By submitting an order for Products you agree and confirm that you are at least 18 years old. If you are underage, please do not attempt to order Products through our site.

6.2      We reserve the right to not supply you with Products if we reasonably consider that that you do not satisfy the age requirement to order Products from our site.

6.3      You have additional cancellation rights to cancel a Contract between us. Please see Schedule 1 for full details of those rights and how you may exercise them.

7. How the contract is formed between you and us

7.1      Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.2      After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 7.3.

7.3      We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation).  The Contract between us will only be formed when we send you the Dispatch Confirmation. For the avoidance of doubt we shall not be required to accept orders.

7.4      If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

8. Our right to vary these Terms

8.1      We may amend these Terms from time to time.

8.2      Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

8.3      We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

  (a)        changes in how we accept payment from you;

  (b)        changes in relevant laws and regulatory requirements; and

  (c)         changes in respect of products available from our site.

8.4      If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

9. Delivery

9.1      Due to the seasonal nature of the Products we sell on our Site, any delivery dates we provide are estimates only. We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18  for our responsibilities when this happens.

9.2      If you have asked to collect Products from our premises, you can collect them from us at any time during our working hours after we have notified you that the Products are ready for collection.

9.3      If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.

9.4      If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our efforts we are unable to contact you or re-arrange delivery or collection then we may end the Contract and charge you reasonable compensation for our costs and/or losses.

9.5      Where we deliver Products in accordance with your delivery instructions we shall not be responsible for any loss you suffer or damage to the Products caused as a result of us complying with your delivery instructions.

9.6      Delivery of an order shall be completed when we deliver the Products: -

          (a)        to the address you gave us; or

 (b)        in accordance with your delivery instructions; or

 (c)         you or a carrier organised by you collect them from us,

and the Products will be your responsibility from that time.

9.7      You own the Products once we have received payment in full, including all applicable delivery charges.

The following clauses 9.8, 9.9 and 9.10 only apply if you are a consumer.

9.8      If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:

 (a)        we have refused to deliver the Products;

 (b)        delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

 (c)         you told us before we accepted your order that delivery within the delivery deadline was essential.

9.9      If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.8, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

9.10    If you do choose to cancel your order for late delivery under clause 9.8 or clause 9.9, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.

10. No international delivery

10.1   Unfortunately, we do not deliver to addresses outside the UK unless we agree with you otherwise before you submit your order. Please contact us directly to enquire about international delivery.

10.2   You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

11. Price of products and delivery charges

11.1   The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.

11.2   Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

11.3   For ease of reference, our website displays both the VAT inclusive and VAT exclusive price for Products. Please note that it is the VAT inclusive price that you will need to pay. VAT is charged at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

11.4   The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

11.5   Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.

12. How to pay

12.1   You can only pay for Products on our site using a debit card, credit card or Paypal account. We accept most major debit and credit cards.

12.2   Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

13. Manufacturer guarantees

13.1   Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

13.2    If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.

14. Our warranty for the Products

14.1    For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 30 days from delivery (Warranty Period), the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2.

14.2    The warranty in clause 14.1 does not apply to any defect in the Products arising from:

 (a)        fair wear and tear;

 (b)        wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

 (c)         any failure by you or a third party to operate or use the Products in accordance with the user instructions;

 (d)        any alteration or repair by you or by a third party who is not one of our authorised repairers; or

 (e)        any specification provided by you.

14.3    Subject to clause 14.2, if:

 (a)        you give us notice in writing during the Warranty Period within a reasonable time of discovery that any Products do not comply with the warranty set out in clause 14.1;

 (b)        we are given a reasonable opportunity of examining such Product(s) or (at our request) you provide reasonable photographic evidence of the alleged defect(s); and

 (c)         you (at our request) return such Product(s) to our place of business at your cost,

we shall, at our sole option, repair or replace the defective Product(s), or refund the price of the defective Product(s) in full.

14.4    We may in our sole discretion replace any alleged faulty Product(s) following notice provided by you in accordance with clause 14.3(a) before we have received and examined the alleged faulty Product(s). We shall however be entitled to charge you for any replacement Product(s) (including any delivery costs etc) to the extent that: -

 (a)        we reasonably determine that the alleged faulty Product(s) do comply with the warranty at clause 14.1 or that any fault has occurred because of your failure to comply with clause 14.2;

 (b)        the alleged faulty Product(s) are not received by us within 14 days of us sending such replacement Product(s).

14.5    These Terms shall apply to any repaired or replacement Products supplied by us under clause 14.4.

14.6    If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.

15. Our liability if you are a business

This clause 15 only applies if you are a business customer.

15.1    Nothing in these Terms limits or excludes our liability for:

 (a)        death or personal injury caused by our negligence;

 (b)        fraud or fraudulent misrepresentation;

 (c)         breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

 (d)        defective products under the Consumer Protection Act 1987.

15.2    Subject to clause 15.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

 (a)        any loss of profits, sales, business, or revenue;

 (b)        loss or corruption of data, information or software;

 (c)         loss of business opportunity;

 (d)        loss of anticipated savings;

 (e)        loss of goodwill; or

 (f)          any indirect or consequential loss.

15.3    Subject to clause 15.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid for the relevant Product or Products.

15.4    Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

16. Our liability if you are a consumer

This clause16 only applies if you are a consumer.

16.1    If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

16.2    We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.3    Notwithstanding anything in these Terms, we do not in any way exclude or limit our liability for:

 (a)        death or personal injury caused by our negligence;

 (b)        fraud or fraudulent misrepresentation;

 (c)         defective products under the Consumer Protection Act 1987; or

 (d)        any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

17. Intellectual Property Rights

17.1    All intellectual property rights of whatever nature and arising anywhere in the world which apply or arise in connection with the design, manufacture or supply of the Products (including but not limited to any marketing material) shall be our sole and exclusive property to the extent that such rights are conferred on us. Nothing in the Contract shall grant you any intellectual property rights in the Products.

17.2    You shall not make any copies or reproductions or modify, deconstruct or reverse engineer any of the Products.

18. Events outside our control

18.1    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2. 

18.2    An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, failure of our third party suppliers, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

18.3    If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

 (a)        we will contact you as soon as reasonably possible to notify you; and

 (b)        our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

18.4    You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

19. Communications between us

19.1    When we refer, in these Terms, to "in writing", this will include e-mail.

19.2    If you are a business:

 (a)        Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

 (b)        A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

 (c)         In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 (d)        The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

19.3    If you are a consumer you may contact us (including if you want to make a complaint or cancel your order pursuant to your statutory rights) by telephoning our Customer Service team on 01455 293 999, e-mailing us at customersupport@realtreesolutions.com. or writing to us at Real Tree Solutions, Plantation Lodge Farm, Castle Bytham, Grantham NG33 4SP.

20. Other important terms

20.1    We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

20.2    You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

20.3    This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

20.4    Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.5    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20.6    If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

20.7    If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

20.8    If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

 

Schedule 1 – Cancellation Rights for Consumers

This Schedule 1 only applies if you are a consumer.

1.         If you are a consumer, you have a legal right to cancel a Contract during the period set out below in paragraph 3 below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

2.         However, this cancellation right does not apply in the case of:

 

  (a)        a Contract for a Product or Products which requires you to pay less than £42.00;

  (b)        any products that deteriorate or expire rapidly; and/or

  (c)         any products prepared to your specification.

3.         Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

 

Your Contract

End of the cancellation period

Your Contract is for a single Product (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Product.

 

Your Contract is for either of the following:

  • one Product which is delivered in instalments on separate days.
  • multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

 

 

4.         To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is attached at the back of these Terms at Schedule 2.

You can also e-mail us at customersupport@realtreesolutions.com or contact our Customer Services team by telephone on 01455 293 999 or by post. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

5.         If you cancel your Contract we will:

 (a)        refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

 (b)        refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).

 (c)         make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i)          if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.  For information about how to return a Product to us, see paragraph 8;

(ii)        if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

6.         If you have returned the Products to us under this Schedule 1 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

7.         We will refund you on the credit card, debit card or Paypal account used by you to pay.

8.         If a Product has been delivered to you before you decide to cancel your Contract:

  (a)        then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.

  (b)        unless the Product is faulty or not as described (in this case, see paragraph 6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.

9.         Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Schedule 1 or anything else in these Terms.

10.      If you wish to exercise your legal rights to reject Products you must either return them in person to our premises, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01455 293 999 or email us at customersupport@realtreesolutions.com to arrange the delivery or collection of any Products to be returned.

 



Schedule 2 - Model Cancellation Form

 

(Complete and return this form only if you wish to withdraw from the contract)

 

To The Christmas Cabin Limited

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

 

Ordered on [*]/received on [*],

 

Name of customer(s),

 

Address of customer(s),

 

Signature of customer(s) (only if this form is notified on paper),

 

Date

 

 

[*] Delete as appropriate

 


 

 

 

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