Terms & Conditions
- Who we are
1.1 Edenmill is a registered company, incorporated under the Companies Acts (Registered Number SC220425), trading as Edenmill Farm Ltd.
1.2 Our registered address is at Estate Office, Edenmill Farm, Blanefield, G63 9AX
1.3 Our registered VAT number is GB774821406
1.4 This website (www.edenchristmastrees.co.uk) is owned and operated by us.
- Definitions
2.1 In these Conditions, unless the context otherwise requires, "Buyer”, means the person who buys or agrees to buy the Goods from the Seller; "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller; "Delivery" means the delivery of the Goods to the Buyer in accordance with clause 7; "Goods" means the goods and/or services which the Buyer agrees to buy from the Seller; "Price: means the price of the Goods; "Seller”, means Edenmill Farm Ltd., a company incorporated under the Companies Acts (Registered Number SC220425) and having their Registered Office at Estate Office, Edenmill Farm, Blanefield, G63 9AX
- Application of these Terms and Conditions
3.1 These terms and conditions of sale (together with our Privacy Policy, and Cookies Policy) apply to all orders the Buyer may place and any purchases the Buyer makes on this website (regardless of how it was accessed) or via telephone or e-mail where you are purchasing
3.2 The Buyer should read these terms and conditions carefully and make sure that they are fully understood before placing an order.
3.3 The Buyer will be required to confirm during the ordering process that they have read these terms and conditions and agree to be bound by them.
3.4 The Seller may change these terms and conditions at any time. Any changes will take effect on the date they are posted onto the site.
- Our products and Services
4.1 The product images on the Seller’s website are for illustrative purposes only. Every effort has been made to display the colours and product appearance accurately, however it should be noted that the Seller is unable to guarantee if the device the Buyer uses to display the images will accurately reflect the true colour of the products. The product owner may change their product image and whilst the Seller will endeavour to keep these up to date, there may be occasion where the product the Buyer will receive varies slightly from those images.
4.2 All product measurements are approximate only and the packaging of the products may vary from that shown in images on our website.
4.3 The Buyer should always read the labels, warnings and instructions provided on or with the products before using them and not rely solely on the information on our website.
4.4 The Buyer should read all information carefully at the point of sale; this includes specific timings around event entry. Where the Buyer cannot make the specified timeslot, they have paid for, the Buyer should contact the Seller to ascertain if an alternative slot is available. Whilst the Seller will make every effort to accommodate latecomers to an event, the Buyer should be aware that this may not always be possible, and they may forfeit their event entry on that specific date.
- How to order
5.1 The Buyer can order Goods online via this website or by calling the Customer Services Team on 07399 296 013 and making payment in accordance with these terms and conditions. The Seller will never ask for your payment details via email.
5.2 The Buyer can access, review, and make amendments to their basket, at any time up until the order has been placed. The Buyer should ensure that the order has been checked before submission. If an order has been submitted in error, the Buyer can cancel it by contacting the Help Desk support team on 07399 296 013, provided the order has not been processed and shipped.
5.3 If the Buyer places an order for Goods on a non-business day (Saturday, Sunday or UK bank holiday), the order will be confirmed immediately based on product availability but may be processed on the following business day in the UK.
6.4 The Seller will provide confirmation of the order to the Buyer via email. This will deem the order to be accepted by the Seller. It is at this point that the contract between the Buyer and the Seller for the sale of Goods ordered by the Buyer will be formed and become binding. The contract that is formed shall be in English and will include these terms and conditions.
6.5 The Seller reserves the right not to accept any order.
- Delivery
6.1 The Buyer’s order will be delivered to the Delivery address the Buyer has supplied and selected when placing the order. The Seller will not be liable for any Goods lost because of being delivered to an incorrect address. which has been provided by the Buyer.
6.2 Edenmill delivers to addresses all over the UK. For addresses within the following postcodes our sister company (Root One) will complete the delivery:
- Any Glasgow postcode (G)- Any Falkirk postcode (FK)
- Any Motherwell postcode (ML)
- Any Aberdeen postcode (AB)
- Any Edinburgh postcode (EH)
- Any Galashiels postcode (TD
- Any Kirkcaldy postcode (KY)
- Any Dundee postcode (DD)
- The following Perth postcodes (PH1-26)
- The following Paisley postcodes (PA1-19)
- The following Kilmarnock postcodes (KA1-18)
For other postcodes we use our trusted delivery partners. There are areas we are unable to deliver to. If you order to an address we cannot deliver to, we will contact you to either refund your order or change your order to a pick-up order if possible.
6.3 We allow our customers to pick a delivery date and we will attempt to deliver on that date. We cannot guarantee that your order will be delivered on that date due to the number steps in the process. If we, or our delivery partners, are unable to deliver on your chosen date we will most likely deliver your tree the following day. In rare cases it may be delivered 1 to 2 days either side of your chosen delivery date excluding weekends. You are not entitled to a refund on delivery costs if your tree has been delivered, regardless of whether or not it was on your chosen delivery date.
6.4 We deliver 7 days a week in Scotland and weekdays in England in Wales. If you order a weekend delivery add-on by mistake, please get in touch and we can refund it for you.
- Prices
7.1 All prices of the Goods as shown on the website are at the Seller’s Quoted Price. The price displayed is exclusive of UK VAT, which is payable in addition and added at checkout. The Price includes packing and insurance unless otherwise stated and the Buyer will be informed at check out about the Delivery options for their order.
7.2 Promotional offers and prices are as stated, with no further discounts available unless the Seller indicates otherwise.
7.3 Although the Seller endeavours to ensure that pricing information on this website is accurate, on occasion, an error may occur. If a pricing error does occur, the Seller will, at our discretion, contact the Buyer and check if they wish to cancel their order or continue with the order at the correct Price; or the Seller will cancel the order and notify the Buyer that we have done so. The Seller is not obliged to supply products at incorrect pricing.
7.4 The Seller reserves the right to adjust prices, offers, products, and their specifications at their discretion at any time before (but not after) accepting an order by giving notice to the Buyer of any Price increase. This will usually be due to factors beyond the reasonable control of the Seller, including (but without limitation) foreign exchange fluctuations, taxes, the cost of labour, materials, and other manufacturing costs. The Seller reserves the right to change the Price at any time.
7.5 The Buyer will pay the Price on the due date for payment as set out in the Seller's invoice and the time for payment shall be of the essence. The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set off or counterclaim which the Buyer may have or allege to have for any reason whatsoever.
7.6 All payments payable to the Seller under these Conditions shall become due immediately on its termination despite any other provision.
7.7 Deliveries outwith Scotland will, or may, be subject to special rates on application and at the Seller's discretion.
7.8 All orders for less than a whole case of Goods will be surcharged at the Seller's current rate per case.
- The Goods and Services
8.1 The Goods and Services shall be supplied in accordance with the description contained in the Seller's specification. The Seller may from time to time make changes to the specification of the Goods and Services without notice to the Buyer which are required to comply with any applicable safety or statutory requirements, or which do not materially affect the quality or fitness for purpose of the Goods or Services. The Buyer should always read the labels, warnings and instructions provided on or with the products before using them and not rely solely on the information on the website.
8.2 All product measurements are approximate only and the packaging of the products may vary from that shown in images on our website.
8.3 The appearance of the Services may vary from that shown in images on our website. Photographic imagery may vary and be slightly different from actual events. This does not materially impact the quality of the event.
- Acceptance of Goods and Services
9.1 The Buyer must carefully examine all Goods immediately on Delivery. If any of the Goods are damaged, defective or there are any shortages the Buyer must notify the Seller of the same in writing, providing reasonable detail of the claim within seven days of Delivery. If the Buyer fails to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage and the Buyer shall be deemed to have accepted the Goods.
9.2 On receipt of a valid claim the Seller may (at the Seller's sole discretion) repair or replace the damaged Goods (or the appropriate part thereof), deliver the missing Goods, or refund the Price (or the appropriate part thereof) and the Seller will have no further liability to the Buyer.
- Risk and Property
10.1 The Goods shall be at the Buyer's risk as from Delivery and where Delivery is to be made at the Seller's premises the time of Delivery shall be deemed to be the time when the Seller notifies the Buyer that the Goods are available for collection.
- Liability
11.1 The Seller shall be under no liability whatsoever to the Buyer for any indirect loss and/or expenses (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these Conditions.
11.2 The Seller's total liability in contract, negligence, breach of statutory duty, misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Conditions shall be limited to the Price.
11.3 The Seller shall not be liable for any breach of these Conditions arising from circumstances beyond the reasonable control of the Seller including (but without limitation) any act of God, war, civil disturbance, strike or other industrial action, inclement weather conditions, or compliance with any law or government order.
- Notices
12.1 Any notice under or in connection with these Conditions shall be in writing and shall be served by first class recorded Delivery post or by hand to the address of the party set out in these Conditions and in the absence of evidence of earlier receipt, any notice shall be deemed to be duly served if sent by recorded Delivery post three days after posting and if delivered when left at the relevant address.
- General
13.1 Headings are for ease of reference only and shall not affect the construction of these Conditions.
13.2 Any provision of these Conditions which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of these Conditions.
13.3 No waiver, delay or forbearance by the Seller (whether express or implied) in enforcing any of its rights under these Conditions shall prejudice its right to do so in the future.
13.4 These Conditions shall be governed by the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish Courts.
13.5 We take all reasonable steps to keep your personal information private and secure. As part of your contract with us, we may share anonymised customer buying trends with our suppliers who may be based in the UK, EU and outwith the EU.
13.6 We shall have the right to suspend Delivery and/or cancel or reduce the volume of the products or services to be supplied and shall not be liable in any way for loss, damage or expense arising directly or indirectly from this, or any other failure or delay in our performance of the order, to the extent that this has been caused by any circumstance beyond our reasonable control, including industrial disputes (whether or not involving employees of the Seller), epidemics, pandemics, civil emergencies or failure or delays by our suppliers.
13.7 You acknowledge that you do not rely on, and shall have no remedy in respect of, any representation, whether negligent or not, of any person which is not expressly set out in these terms and conditions, and you shall not have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement, representation, warranty or other term which is expressly set out in these terms and conditions.
13.8 We do not accept amendments to these terms and conditions/any variations to these terms and conditions must be signed by an authorised signatory of our company.
13.9 You may not transfer any of your rights or obligations under these terms and conditions to another person without our prior written consent. We can transfer all or any part of these terms and conditions to another organisation but your rights under these terms and conditions will not be affected.
13.10 If these terms and conditions are terminated by either of us for any reason, neither of us will lose any rights which have already accrued.
13.11 If, at any time, we do not require you to comply with any part of these terms and conditions, this will not prevent us from doing so in the future.
13.12 If any part of these terms and conditions is disallowed or held to be ineffective by any court or other competent body, the rest of the terms and conditions will not be affected.