These terms and conditions were last updated on 01/02/2010.

By placing an order and purchasing goods from www.ajmevergreen.co.uk you enter into a legally binding agreement with us on the following conditions. Please read and understand these conditions because they affect your rights and liabilities.

These are the standard terms and conditions of sale of AJM Evergreen, 90 Allerton Crescent, Whitchurch, Bristol, BS14 9PX, Web Retailer. The term “AJM Evergreen” or “we” or “us” refers to the owner of the website whose registered office is found above.

In accordance with the provisions of the Consumer Protection (Conclusion of a Contract at a Distance) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the goods when they are delivered and can be found in Clause 9 below.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these conditions at any time. Please check these conditions periodically for any changes.

THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.

1. Interpretation

1.1 In these Conditions:

'Conditions' means the standard Terms and conditions of sale set out in this document;

'Contract' means the contract for the sale of the Goods;

'Goods' means the products that you have or have not purchased through the our website www.ajmevergreen.co.uk;

'Payment Card' means the credit or debit card or other payment system chosen by you to be used as the method of payment for the goods of which you have provided details to us when placing your order;

' Information System' means a system for generating, sending, receiving, storing or otherwise processing electronic communications;

'Order' means any order placed by you with us for the supply of goods;

'Order Form' means the electronic order form completed and submitted electronically by you;

'Regulations' means the Consumer Protection (Distance selling) Regulations 2000;

'Web Site' means our presence on the world wide web, currently accessible via the address www.ajmevergreen.co.uk.

1.2 Unless the context otherwise requires:-

1.2.1 words importing the singular shall include the plural and vice versa;

1.2.2 words importing the masculine gender shall include the feminine gender and vice versa;

1.2.3 references to persons shall include bodies of persons whether corporate or incorporate.

2. Basis of the sale

2.1 We shall sell to you and you shall purchase only those goods which you have ordered and which have been accepted by us. We reserve the right to reject any order. Each sale of goods will be subject to these conditions, which shall govern the contract to the exclusion.

2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.

2.3 No variation to these conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.

2.4 Any typographical, clerical or other error or omission on any page of this web site or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

2.5 Any advice or recommendation given on this web site or otherwise given by us or any of our employees or agents to you as to the storage, application or use of the goods is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation.

3. Orders

3.1 The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).

3.2 Orders are accepted at our sole discretion but are normally accepted if the goods are available, the order reflects current pricing, your credit or account card is authorised for the transaction.

3.3 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the goods within a sufficient time to enable us to perform the contract in accordance with its terms.

3.4 AJM Evergreen is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website.

3.5 The quantity, quality and description of any specification for the goods shall be those set out in the relevant pages of this site.

3.6 We reserve the right to make any changes in the specification of the goods which are required to conform to any applicable statutory or EC requirements.

4. Price of the goods

4.1 The price of the goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site. However, if we accept an order from you the price for the goods will be the price set out in the relevant page at the time the order is placed.

4.2 In addition to the price of the goods you will be liable to pay our charges for transport, packaging and insurance as shown on the order Form.

4.3 The total price is inclusive of any applicable value added tax.

5. Terms of payment

5.1 Upon providing us with details of the payment card and submitting the order you:

5.1.1 confirm and undertake that the information contained within the order is true and accurate and that you are authorised to use the payment card; and

5.1.2 authorise us to deduct the full price of the goods and all other payments which may become due to us under the contract from the payment card account.

5.2 The deduction of monies from your payment card does not mean that we have accepted your order, nor does it mean that a contract has been formed between us. In the event that we reject you order we will credit your payment card with the amount deducted.

5.3 Where goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the payment card with the appropriate amount.

5.4 We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this web site.

6. Delivery

6.1 Delivery of the goods shall be made by us or our carrier to the address for delivery shown on the order form. It is important that this address is accurate. Please be accurate about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions.

6.2 Whilst every effort will be made to ensure that any goods ordered are delivered within the period specified for delivery of such goods on the relevant page and subject to our obligations under the Regulations, any dates quoted for delivery of the goods are approximate and we shall not be liable for any delay in delivery of the goods however caused. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time. The goods may be delivered by us in advance of the estimated delivery date.

6.3 The goods may at our discretion be delivered in instalments. Each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the contract as a whole.

6.4 If we fail to deliver the goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the price of the goods.

6.5 If you fail to take delivery of the goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the contract and refund to you the price of the goods less the cost of their delivery and the cost of their being returned to us.

7. Risk and property

7.1 Risk of damage to or loss of the goods shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the goods, the time when we or our carrier has tendered delivery of the goods.

7.2 Subject to the provisions of clause 9 and not withstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the goods.

7.3 Goods supplied to you are not for resale.

8. Warranties and liability

8.1 Your statutory rights are not affected by these conditions.

8.2 Any claim by you which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to return the goods and receive a refund for the goods or replacement goods, and we shall have no liability for such defect or failure.

8.3 Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods is notified to us in accordance with these conditions, we shall be entitled to replace the goods (or the part in question) free of charge or, at our sole discretion, refund to you the price of the goods (or a proportionate part of the price), but we shall have no further liability to you.

8.4 EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, WE SHALL NOT BE LIABLE TO YOU BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR ANY LOSS OF REVENUE OR PROFITS; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL OR INJURY TO REPUTATION; LOSS OF BUSINESS OPPORTUNITY; LOSSES SUFFERED BY THIRD PARTIES; OR ANY OTHER INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), WHICH ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE GOODS OR THEIR USE OR RESALE BY YOU, AND OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE PRICE OF THE GOODS, EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS.

8.5 SUBJECT TO OUR OBLIGATIONS AND YOUR RIGHTS UNDER THE REGULATIONS, WE SHALL NOT BE LIABLE TO YOU OR BE DEEMED TO BE IN BREACH OF THE CONTRACT BY REASON OF ANY DELAY IN PERFORMING, OR ANY FAILURE TO PERFORM, ANY OF OUR OBLIGATIONS IN RELATION TO THE GOODS, IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL.

8.6 We assume no responsibility for the contents of any other web sites to which this Web Site has links to.

9. Right of Withdrawal

9.1 Subject to the provisions of clause 9.3 you shall have a period of 14 days after the date on which you have received the goods to withdraw from the contract and to return the goods to us. You shall be responsible for payment of the direct costs in returning the goods to us and we shall be entitled to deduct from any refund of the price for the goods an amount equal to such delivery costs as are paid by us on your behalf.

9.2 The right to withdraw from the contract does not affect any of your statutory rights.

9.3 The right to withdraw from the contract does not apply if the goods have been opened in such a way by the customer so that they are not in a resalable condition, or if any part or whole of the product is not intact or returned to us.

10. Communications

10.1 Any communication sent electronically by e-mail or otherwise:

10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;

10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;

10.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;

10.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.

11. General

11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.

11.2 No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.3 No term of the contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the contracts (Rights of Third Parties) Act 1999 or otherwise).

11.4 If any provision of these conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

11.5 The Contract shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.

11.6 The headings in these Conditions are for convenience only and will not affect their interpretation.