Terms and conditions
The Christmas Forest and www.christmasforest.co.uk are trading names of Bushbay Ltd.
Please read this information carefully, which relates to your usage of this website.
This website is operated by Bushbay Ltd, a company registered in England and Wales, registration number 05688656, whose registered office is 54 Pembroke Road, London W8 6NX.
The information on this site is subject to change without notice.
The information on this site is provided “as-is” without warranty, either express or implied, of ANY KIND, for promotional purposes only.
This site may contain links to other websites operated by companies or organisations other than The Christmas Forest. These links have been provided solely for you to obtain further information about other relevant products and entities in the market. The Christmas Forest has no control over the information on these sites or the products or services on them, and therefore makes no representations regarding the accuracy or suitability of the information, services, or products described on them. You are advised to make your own enquiries in relation to third parties described or linked on this site. Inclusion of a link to a third party site should not be construed as that party’s endorsement of this site.
By linking to sites operated by third parties, The Christmas Forest is not authorising the reproduction of any material on such sites, as such material may be the subject of intellectual property rights.
The Christmas Forest is either the owner or licensed user of the copyright in the material on this site. You may not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on this site without the written consent of Bushbay Ltd, other than to the extent necessary to view the material or as permitted by law.
Please note that the above important information constitutes our terms and conditions for use of this website. If you do not agree to these terms and conditions, do not continue to use the site.
Terms & Conditions
These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which The Christmas Forest (“we/us”) make The Christmas Forest website available to you and any of our services which are accessible on or via The Christmas Forest site.
These Terms and Conditions govern your use of The Christmas Forest website and service:
1. Products
1a All products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute with a product of equivalent value and quality without notice.
1b In the event that we are unable to supply all or part of your order, we shall notify you as soon as possible and refund your payment in full no later than 30 days after the intended delivery date.
1c Delivery is as advertised on our shopping page and delivery page unless other delivery date or service is requested and confirmed by email from The Christmas Forest customer service team.
1d We cannot sell stands, firewood or lights THROUGH THE WEBSITE without the purchase of a tree. Where this occurs, we will contact the customer by email and inform them. We will make a full refund within 30 days of payment.
2. Product Guarantee
2a The Christmas Forest guarantees the quality of product we provide to the customer. If you are not fully satisfied with the product received please contact us within 48 hours of taking delivery of your tree and we will investigate thoroughly, and if there is a genuine issue, replace the tree. The Christmas Forest will not replace trees unless given written notice (or by email sent to info@christmasforest.co.uk) within two days of delivery.
2b In the event of a genuine issue with the quality of the product, the customer must tell the courier immediately. In this case we will happily replace the product free of charge. This does not affect your statutory rights as a consumer.
2c Christmas trees are living plants and need to be looked after while in your care otherwise they will not be covered by the Product Guarantee. N.B. If the following steps are not followed your tree will not be covered by our Guarantee:
- Your tree needs to be placed in a stand with a reservoir of clean fresh water that is replenished every day.
- Very warm environments, underfloor heating or air conditioning are all very damaging to Christmas trees and will cause dehydration and RAPID deterioration. These environments are not suitable for cut Christmas trees.
- Direct heat sources such as heaters, radiators and hot lights will also be damaging to the tree, and as such, trees must not be placed next to or very close to these.
3. Orders / Payment
3a Full payment is required before goods will be dispatched.
3b You will be given clear instructions to navigate the order process and will be required to provide us with your complete personal details, including accurate postcode, contact telephone number, together with those of the intended recipient and all necessary payment details.
3c We accept payment by Paypal and all major credit and/or debit cards, other than Diners, department store cards and any other credit and/or debit cards as we may specify from time to time.
3d By clicking on the ‘confirm’ button at the end of the order process, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on The Christmas Forest site.
3e Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.
3f The customer shall notify The Christmas Forest of any disputed amounts within 5 working days of the date of the invoice or request for payment.
4. Delivery
4a Delivery dates and times are provided as an indication only and cannot be guaranteed. The Christmas Forest reserves the right to re-schedule a delivery if it has not been possible to deliver in the time specified.
4b Except where stated, standard delivery (morning) means delivery between 9am and 1pm, and standard delivery (afternoon) means delivery between 1pm and 6pm from Tuesdays to Fridays (inclusive). Premium delivery is an ‘out of hours’ service and means evening delivery between 7pm and 10pm or Saturday delivery between 9am and 1pm. These times are subject to the reservation in paragraph 4a.
4c We deliver to London addresses only, as defined by the addresses that are accepted in our postcode checker. Anyone who orders to an address outside our determined zones will not be able to purchase a tree online. In this instance we will give a full refund within 30 days of payment.
4d Products will be delivered via our local delivery partners to London addresses. All available delivery dates will be shown at point of adding product to the delivery cart. If a date is not on the list, we cannot deliver on that day. Every effort will be made to deliver on your chosen date, but the exact delivery date cannot be guaranteed. We need 48 hours’ notice for all orders.
4d Deliveries via courier cannot be delivered at specific times other than the time spans specified. We cannot guarantee that deliveries will occur within the stated times, but we will do everything possible to fulfill deliveries within the time slots advertised. Where this is not possible, we will telephone or email the customer to advise of any delays, and re-arrange delivery if necessary.
4e Due to December traffic, we cannot guarantee the times of arrival of trees either by our standard or by our premium delivery services. However, our local delivery partners will contact you on the day of delivery to give you an estimated time of arrival and will do everything possible to arrive at the customer’s address on time and to keep customers informed of delays.
4f To avoid problems or delays with delivery, please ensure that you have included the full address details, including accurate postcode of the intended recipient together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered. If these details are not included or are inaccurate, we cannot be held responsible for incomplete deliveries. In this instance, customers will be charged for re-delivery of their purchase.
4g While we agree to use all reasonable efforts to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery maybe via third party courier service. In very occasional circumstances delivery on the requested terms will not be possible, in such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or reimburse your payment in full in accordance with clause 1b above.
4h Goods delivered via third party services are generally dispatched on the morning of the requested delivery date.
4i In the case of delivery to certain locations, where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.
4j Please be aware that the courier will deliver the goods to the address provided in good faith and we cannot accept responsibility if the intended recipient is no longer at that address and the recipient refuses or fails to return the items(s).
4k Please note that where the courier is unable to find someone to accept delivery, or unable to leave the delivery in a secure location, they will either leave a card at the address for the recipient to make contact and re-arrange delivery or call them to arrange re-delivery. We reserve the right to charge for re-delivery to that or an alternative address if the recipient is not at home when the courier arrives.
4l Please note that if you order a number of items for delivery to the same address, they may be dispatched separately and we cannot guarantee delivery on the same day.
4m Refunds – Delayed deliveries do not constitute a reason for a refund. Refunds will not be issued for orders where the goods are delivered after the chosen date or time.
4n The Christmas Forest and The Christmas Forest online accept no liability for the service provided by their delivery partners.
5. Cancellation/Amendments
5a If, for any reason, you wish to change or cancel your order you can do so by calling 0207 348 9080 or email: info@christmasforest.co.uk. Please give 48 hours’ notice before the requested delivery date.
5b The Christmas Forest regrets that you may not cancel an order once your order has been dispatched.
5c If the goods have already been dispatched and you wish to cancel the order, The Christmas Forest charges a cancellation fee of 100% of all payments made. These charges are non-refundable and we reserve the right to charge an additional fee for collection of the goods if that is required.
5d You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.
6. Customer Service Team
6a In the event that you are not satisfied with The Christmas Forest service any complaints should be addressed to the Customer Service Team by email at complaints@christmasforest.co.uk
6b Our Customer service team will aim to resolve your problem within 48 hours of its arrival.
6c Because of the perishable nature of most products and in order to assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 2 working days of the date of delivery of your purchase.
7. Disclaimer
7a While we agree to use all reasonable efforts to ensure that The Christmas Forest site or service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of The Christmas Forest site or service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of The Christmas Forest site or service impossible or impractical.
8. General
8a We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to The Christmas Forest site and service from time to time. We will post any changes on The Christmas Forest site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access The Christmas Forest site or service. Changes will be effective six hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
8b Additionally, we reserve the right to suspend, restrict or terminate access to The Christmas Forest site and/or service for any reason at any time.
8c These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in The Christmas Forest site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8d We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
8e A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
8f In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
8g Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
9. Intellectual Property
9a All other rights, including copyright, in this website are owned by The Christmas Forest. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non- commercial use is prohibited without the permission of The Christmas Forest. You may not modify, distribute or repost something on this website for any purpose.
9b These Terms and Conditions operate in conjunction with general Terms & Conditions of the Site governing overall use and order placement. We are committed to protecting your privacy, further information is contained within our Privacy Policy.
10. Privacy Policy
All our transactions are processed securely by PayPal. We do not store your financial details.
We respect and are committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy lets you know how your personal information is processed and used. We promise that we will take steps to use your personal information only in ways that are compatible with this Privacy Policy. The following policies are only in effect for the web pages, newsletters, discussion lists and opt-in announcement lists owned and operated by The Christmas Forest. The following discloses our Privacy Policy.
Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer’s “Internet Protocol” IP address. When a visitor requests a page from The Christmas Forest site, our web servers automatically recognize that visitor’s domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed our site. We use this information to examine our traffic in aggregate, and to investigate misuse of The Christmas Forest network, its users, or to cooperate with law enforcement. We do not collect and evaluate this information for specific individuals. Our web servers do not automatically record e-mail addresses of the visitors.
From time to time, The Christmas Forest or its advertisers may send a “cookie” to your computer. A cookie is a small piece of data that is sent to your Internet browser from a Web server and stored on your computer’s hard drive. A cookie can’t read data off of your computer hard disk or read cookie files created by other websites. Cookies do not damage your system. We use cookies to identify which areas of The Christmas Forest you have visited or customized, so the next time you visit, those pages may be readily accessible. Our advertisers may also use cookies to ascertain how many times you’ve seen an advertisement. Our advertisers and we may use this information to better personalize the content, banners, and promotions that you see on our site. You can choose whether to accept cookies by changing the settings of your Internet browser. You can reset your browser to refuse all cookies, or allow your browser to show you when a cookie is being sent. If you choose not to accept these cookies, your experience at our website and other websites may be diminished and some features may not work as intended.
The Christmas Forest and its advertisers may use single-pixel gif images, sometimes referred to as web bugs or web beacons, to count Web page accesses and gather some general statistical information. The Christmas Forest does not gather personal information through the use of these images. Our advertisers may use single-pixel gifs that can track personal information from cookies that may have been previously placed on a user’s computer by an advertiser.
The Christmas Forest offers access to or may in the future offer access to some services that require registration. We may use your registration contact information to send notification to you of The Christmas Forest products and services by e-mail and/or postal mail. We will not share that information with any third party, except where we are required to do so by law or other applicable statute.
We may also request your e-mail address or mailing address for the purposes of conducting a survey or to provide additional services (for example, subscriptions to e-mail newsletters, announcement lists or information about conferences and trade shows). Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict policy on the protection of our data, which means that we do not sell, rent, or otherwise give your e-mail address to a third-party, without your consent or as permitted by this Privacy Policy.
We may from time to time send e-mail announcing new Christmas Forest products, features and services. Except as stated above, The Christmas Forest will not send you e-mail that you have not agreed to receive.
The Christmas Forest will disclose personal information and/or an IP address, when required by law or in the good-faith belief that such action is necessary to:
- Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on The Christmas Forest,
- Protect and defend the rights or property of The Christmas Forest website, or visitors to The Christmas Forest,
- Identify persons who may be violating the law, our terms and conditions of use, the rights of third parties, or otherwise misusing The Christmas Forest website or the computer equipment on which it is hosted (whether owned by The Christmas Forest or a third party),
- Fulfill a user’s order or request.
Liability
Liability on behalf of The Christmas Forest of any description, excluding death and personal injury, is limited to the price of goods supplied by The Christmas Forest.
Your consent to this agreement
By using The Christmas Forest website, you consent to the collection and use of information by The Christmas Forest, www.christmasforest.co.uk and Bushbay Ltd.
as specified above. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
Please send any questions about our privacy policy (or anything else) to: info@christmasforest.co.uk
