Creating Tomorrow’s Forests Terms and Conditions for Delivery of Habitat Creation Service
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply tree planting and habitat creation to you. Please read these terms carefully before you submit your order to us.
1.2 These terms tell you who we are, how we will provide our services, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
· You are an individual.
· You are buying the services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Tomorrow’s Forests a company registered in England and Wales. Our company registration number is 08908389 and our registered office is at Tower House, 269 Walmersely Road, Bury, Lancashire BL9 6NX Our registered VAT number is GB200609458.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44 1258 818003 or by writing to us at firstname.lastname@example.org
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We will only provide the service in the UK.4. Our services
4.1 We plant trees, create habitats and restore biodiversity at locations in the UK. We will fulfil your orders stated in our order confirmation within a reasonable time after receiving payment and action any ‘add-ons’ you may have ordered such as bird boxes. Please note that the trees, habitats and any add-ons will not at any time become your property. They will remain our property or become that of the landowner. Whilst we shall use all reasonable endeavours to plant healthy trees and create thriving habitats and ecosystems, in nature not everything survives and we can give no guarantee that all trees planted will grow to full maturity and all habitats will thrive. Tree management practices may include thinning out saplings to create a healthy forest ecosystem. 5. Your rights to make changes
5.1 If you subscribe to one of our monthly services, you can at any time pause or cancel your subscription, or increase or decrease the subscription and such changes will come into effect the following month provided we receive your notice before your monthly payment has been paid or is due to be paid. 6. Our rights to make changes
6.1 If we are unable to procure the trees or products you have ordered or run out of available land on which to plant them or create new habitats, we will notify you and refund in full any money which you have paid in respect of the products concerned. The business model includes purchasing more land to plant trees and create biodiverse habitats so we would expect such instances to incur a delay rather than a refund. Our promise to you is to plant your trees and create your habitats within 12 months of purchase. 7. Delays to tree planting and habitat creation
7.1 We are not responsible for delays outside our control. If the tree planting or habitat creation is delayed beyond 12 months of purchase or is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any trees or other products you have paid for which have not been planted or any add-ons not installed.
7.2 We may also not plant trees, create habitats or install any add-ons for which we have accepted an order if you do not pay. If you do not pay us when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of our service until you have paid us the outstanding amounts.
8. Your right to end the contract
8.1 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then you have a legal right to change your mind within 14 days of receiving our order confirmation and receive a refund.
9. How to end the contract with us (if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us as provided by clause 8.1 above, please let us know by phone or email. Call customer services on +44 1258 818003 or email us at email@example.com
. Please provide your name, home address, details of the order and, where available, your phone number and email address. Alternatively you can complete the cancellation form on our website found HERE
print it off and post it to us at Tower House, 269 Walmersely Road, Bury, Lancashire BL9 6NX. Or simply write to us at that address including details of what you ordered, when you ordered and your name and address.
9.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid by the method you used for payment. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is needed.
11. If there is a problem with the service
How to tell us about problems. If you have any questions or complaints about our service, please contact us. You can telephone our customer service team at +44 1258 818003 or write to us at firstname.lastname@example.org
12. Price and payment
12.1 Where to find the price for our service. The price of our service (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of your order. If you order our subscription service, we may change the price at any time by not less than 30 days’ notice in writing to you.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, we may quote the wrong price. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.4 When you must pay and how you must pay.
a. Monthly Membership: Upon signing up for your monthly membership, you will be signing onto an auto card payment to be taken on the day of your subscription every month thereafter. You do not have to do anything if you wish for your membership to continue with us. In the event that you wish to pause or cancel your membership, you can simply log onto your account and do so. If you want a bespoke membership, your first payment will be handled either via the phone or paid by invoice. Trees will not be planted and habitats not created until your invoice has been settled. An auto card payment will be set up thereafter.
b. One Time Purchase: This service is a one-off payment service. You can pay via the website using a variety of cards or in the event of requesting a bespoke package, you will also have the option to do a bank transfer or via invoice. You must pay before we start providing the service. You must pay each invoice within 30 calendar days after the date of the invoice and/or before you receive our service for your planted trees or habitat.
12.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you if you are a consumer
13.1 We are responsible to you for foreseeable loss and damage caused by us.If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your non-excludable statutory rights, including to receive the service as described by us and to receive the service within a reasonable time.
14. Our responsibility for loss or damage suffered by you if you are a business
14.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or
subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation.
14.2 Except to the extent expressly stated in clause 14.1 all terms implied by statute are excluded unless it is unlawful to do so.
14.3 Subject to clause 14.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or business, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount(s) you have paid us in respect of the orders in respect of which there is a claim.
15. How we may use your personal information
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights under these terms to another organisation. We shall notify you if we do.
16.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 If we or you delay in enforcing this contract, we or you can still enforce it later. If we or you do not insist immediately that you or we do anything you or we are required to do under these terms, or if we or you delay in taking steps against you or us in respect of your or our breaking the contract, that will not mean that you or we do not have to do those things and it will not prevent us or you taking steps against you or us at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
16.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by the law of England and Wales and you can bring legal proceedings in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts. If you live in the European Union you may have the right to bring proceedings in the courts of the country where you live.
16.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
17. We may monitor, edit or remove content at our discretion if we think it is unlawful, offensive, threatening, libellous, defamatory or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
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