1.1. What these terms cover: These are the terms and conditions on which we supply products to you.
1.2. Why you should read them: Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

2. Information about us and how to contact us
2.1. Who we are: This website is operated by Tycole Trading Ltd, (Registered at: Tycole Trading Ltd, Dobbs Weir Road, Harlow, CM195JX. Company registration 15040690), a company registered in England and Wales, trading as “Festive-Fir”. Throughout the website, the terms “we”, “us” and “our” refer to Tycole Trading Ltd.
2.2. How to contact us: You can contact us by writing to us at info@festive-fir.co.uk
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.
2.4. “Writing” includes emails: When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you
3.1. How we will accept your order: Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. A confirmation email from us to you will signify acceptance of your order and a legally binding contract will be formed between us at such time.
3.2. If we cannot accept your order: If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product or will refund you any amount charged. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3. Your order number: 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 only sell to certain postcodes in the UK: Our website is solely for the sale and delivery to the postcodes in the UK listed on our “Delivery” page; while we are expanding to other areas, unfortunately we do not deliver to any other areas.
3.5. Domestic use only: We only supply the products for domestic and private use.

4. Product information
Products may vary from their pictures. We provide photographs of our products, often with additional products in those photos for context only. Your product may differ in appearance and will not come with any additional items in the photo unless stated in the description. We cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Proeucts. Specifically with regards to Christmas trees, the description we provide of the height range and type of tree will match the product you receive. For all other products we will deliver a product matching the specifications detailed in the product description.

5. Use of our website
Prohibited use: You may not use our website for any of the following purposes:
(a) in any way which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website;
(b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; and
(c) making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.

6. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9).

7. Our rights to make changes
7.1. Product prices: The prices for our products, including promotions, are subject to change without notice.
7.2. Product range: We reserve the right, in our sole discretion and without notice to you, to revise the products available and to change, suspend or discontinue any aspect of the products and we will not be liable to you or to any third party for doing so.
7.3. Availability: We do not guarantee that all products described on our website will be available.
7.4. Quantities: We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers.

8. Providing the products
8.1. Delivery costs: The costs of delivery will be as displayed to you on our website.
8.2. When we will provide the products: For orders containing Christmas trees we will request a delivery week for the tree and any other items to be delivered. Closer to your requested delivery week, we will agree a specific delivery date. For those not containing Christmas trees you will be notified of a delivery date when the item is dispatched.

8.2.1Delivery will be considered completed when we send you a confirmation email confirming delivery has taken place. We will also take a photo of the tree delivery as evidence if it has been left in a safe location as per your instructions. In the case of a delivery to another person (in the case of gift or business order)  we will provide the same confirmation email to you and will consider the delivery completed at this point.

8.2.2 If you have purchased a gift for someone else, you are responsible for providing accurate information and details for delivery to them. We will require contact information to communicate with the recipient of the gift to arrange delivery. If this is provided incorrectly or incompletely, we have the right to delay the delivery until the information is provided, and claim additional delivery costs where appropriate.

8.3. We are not responsible for delays outside our control: If our supply of the products 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 products you have paid for but not received.
8.4. If you are not at home when the product is delivered: If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
8.5. If you do not re-arrange delivery: 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 a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
8.6. When you become responsible for the goods: A product will be your responsibility from the time we deliver the product to the address you gave us.

9. Cancellation and returns
9.1. Cancellation or return of perishable goods, including cut Christmas trees and plants:
(a) As our plants or trees, by their nature, can deteriorate or expire rapidly, you are not entitled to return them if you simply change your mind.

9.2.  Cancellation or return of non-perishable goods:
(a) You may cancel your first order and receive a refund at any time before your order is delivered and up to fourteen days afterwards, beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (see clause 10).
9.3. Incorrect product: If we sent you something you hadn’t ordered, please contact us within 14 days informing us of the problem and our customer services team will provide information on how to return the item.
9.4. Product damaged in transit: If your purchase is damaged in transit, please contact us within 14 days informing us of the problem and our customer services team will provide information on how to return the item.
9.5. Return due to condition:
(a) Plants or Trees: If you receive a plant or tree that you believe is in bad condition, contact us immediately, but no later than 14 days after its arrival. We request that you email us a photograph of the plant so that we can send it to our experts to be reviewed.
(b) Other products: if you receive a product that is defective, please contact us within 14 days informing us of the problem. You can return it within 28 days to get either a replacement or a refund.
9.6. How to tell us about problems: If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at info@festive-fir.co.uk

10. Refunds
10.1. If you cancel or return an order in line with our cancellation and returns policy in clause 9, we will refund you as soon as possible in line with clause 10.2 and, in any case, within fourteen days of the day of our receipt of the returned products or (if earlier) the day you provide evidence of having sent the products back to us.
10.2. Refund amount:
(a) Delivery charge (if any): We will refund the price of the products in full excluding the cost of delivery (if any).
(b) Partial refunds: We always try our best to ensure that our products are in perfect condition, but due to their nature this is not always possible. In the event of a minor error we reserve the right to use our discretion as to the amount of the refund. We will act reasonably and may offer you a partial refund.

11. Price and payment
11.1. Where to find the price for the product: The price of the product 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 11.3 for what happens if we discover an error in the price of the product you order.
11.2. When you must pay and how you must pay. We accept payment with American Express, Visa and MasterCard credit and debit cards. You must pay for the products before we dispatch them.
11.3. 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.

12. Our liability to you
12.1. Limitation of liability: To the maximum extent permitted by law, we accept no liability for any of the following:
(a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
(b) loss or corruption of any data, database or software; and
(c) any special, indirect or consequential loss or damage.
12.2. Force majeure: We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
12.3. 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; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.

13. How we may use your personal information
Privacy policy: We will only use your personal information as set out in our privacy policy at https://festive-fir.co.uk/pages/privacy-policy

14. Other important terms
14.1. We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2. No third-party rights: This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3. 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.
14.4. Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.5. Changes to these terms and conditions: We may revise these terms or other policies at any time, so please review the policies frequently to take notice of any changes we make, as they will be binding on you. If we make a material change we will notify you here, by email, by means of a notice on our homepage, or any other way we deem appropriate. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.
14.6. Governing law: These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.