Terms & Conditions

Welcome to the Rowan Tree. By using our website you comply with the following terms and conditions. These terms and conditions relate to any merchandise that you offer to purchase. We may update our terms and conditions at any time at our discretion. These terms and conditions do not affect your statutory rights as a consumer.

Your Agreement with Us

These terms and conditions, together with the order form, confirmation form and privacy policy constitute the entire agreement between you and us relating to the provision of the merchandise (“the Agreement”), and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom.
No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions, and you agree that you shall have no remedy in respect of any misrepresentation which has not bee made expressly in these terms and conditions.
We are not making a legal offer to you to provide the goods; we are inviting you to make a legal offer to us to purchase the goods. It is entirely at our discretion to accept or reject the offer to purchase.
The Agreement is concluded only when we have accepted your order by sending you a confirmation form (with the date of conclusion of the Agreement being the date shown on that confirmation form).

General

Payment can be made using any of the methods listed on this website and will be debited when we have accepted your offer to purchase.
Our acceptance of your offer to purchase merchandise is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the goods which you have offered to purchase and a full refund will be given.
Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option to complete the purchase subject to the error being corrected or retracting your offer to purchase and receiving a full refund.

 

Limitation of Liability

Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or willful misconduct, or fraud or misrepresentation on our part.
To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law. Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising. 8. Every provision of this clause 11 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.

Indemnity

IMPORTANT: IN THIS CLAUSE YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.

Website Content

We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website. The confirmation form is conclusive as to the charges and the description of the service. Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as quickly as possible.

Privacy

The Rowan Tree is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. The Rowan Tree may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Marketing

We use standard cookies to allow us to track how visitors use our website through Google Analytics. This does not collect any personally identifiable data but provides us with information about key data such as:

  • How visitors reach our website (e.g. a search engine)
  • What pages visitors browse (e.g. what products are popular)
  • How long people stay on our website and how many pages they browse
  • What pages people enter and leave the website from
  • Key interactions with our website (e.g. adding an item to a basket, making a purchase, or joining our newsletter)
  • Aggregated information about our customers such as approximate location, the device used (PC or mobile)

This data is used to better inform the future development of our website, the product ranges we stock, and to guide our advertising to ensure we communicate only to people who are likely to be interested in The Rowan Tree’s products.
If a customer wishes for their information to be removed from our database, this should be requested in writing to:
The Rowan Tree, 7 Fore Street, Budleigh Salterton, Devon EX9 6NG.
This policy is effective from July 2017

 

Contact Details

We aim to provide you with excellent customer service and we are always here to help. If you need to contact us for any reason please call us on 01395 446066 alternatively you can contact us via email – shop@rowantreegifts.co.uk.
We shall respond to any communication received by us as quickly as we can.

 

Law and Jurisdiction

Contracts for the purchase of merchandise through our website shall be governed by the English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.