| 1 |
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Formation
of the contract |
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1.1 |
These terms of sale apply to all trees and certificates
of ownership (“certificates”) supplied by Forests for
Life Limited registered in England and Wales |
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1.2 |
No contract
exists between you and the supplier for the sale of any trees or
certificate until the supplier has received and accepted your order
and sent you confirmation in writing or by email to the address
or email address that you have given. Once the supplier does so
there is a binding legal contract between us. |
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1.3 |
The contract
is subject to your right of cancellation. |
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1.4 |
The supplier
may change these terms of sale without notice to you in relation
to future sales. |
| 2 |
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Description
and price of the goods |
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2.1 |
The description
and price of the trees and certificate sold to you will be as shown
in the supplier’s current Advertisement or on its web site
at the time you place your order. |
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2.2 |
In addition
to the sale of the tree(s) and provision of a certificate of ownership,
the supplier agrees to arrange for your tree(s) to be planted within
60 days of the confirmation of the Order. |
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2.3 |
Every effort
is made to ensure that the price shown in the supplier’s current
Advertisement or on its web site is accurate at the time you place
your order. If an error is found the supplier will inform you as
soon as possible and offer you the option of reconfirming your order
at the
correct price or canceling your Order. If you cancel, the supplier
will re fund/re-credit you for the sum that has been paid by you
or debited from your credit card. |
| 3 |
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Delivery |
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3.1 |
The tree(s)
you order will be delivered to the planting site within 60 days
of the confirmation of your order and will be planted at that land
in order to create a forest. |
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3.2 |
The certificate
and ordnance survey reference number will be delivered to the address
you give when you place your order within 30 days of the confirmation
of the order. |
| 4 |
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Your right of cancellation |
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4.1 |
You have the
right to cancel the contract at any time up to the end of 7 working
days after you receive the certificate. A working day is any day
other than weekends, bank holidays, or any public holidays. |
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4.2 |
To exercise
your right of cancellation you must give written notice to the supplier
by hand, post, fax or E mail at the address, fax, number or E mail
address shown below giving details of the tree(s) ordered and the
delivery of the certificate enclosing the certificate. |
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4.3 |
If you exercise
your right of cancellation after the certificate has been delivered
to you, you will be responsible for returning the certificate to
the supplier at your own cost to the address below. Reasonable care
must be taken to ensure that the certificate is not damaged in the
meantime or in transit. A contract shall be deemed to be cancelled
at the time that the certificate is returned. |
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4.4 |
Once you have
notified the supplier that you are canceling the contract, the supplier
will refund/re-credit you within 30 days of receipt of the returned
certificate. For the avoidance or doubt, the rights of cancellation
do no apply once the tree(s) has been planted which will be more
than 7 days after the certificate has been sent to you), because
the tree(s) once planted cannot by its nature be returned. |
| 5 |
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Warranties |
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5.1.1 |
You
agree that you will: - |
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5.1.2 |
Not remove
the tree(s) or any part of it |
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5.1.3 |
Not cut /chop/fell
any part of the tree(s) |
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5.1.4 |
Not fish/hunt/prospect
on the land on which the tree is planted. |
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5.1.5 |
Not remove
birds nests/eggs from the tree(s) |
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5.1.6 |
Not light
fires/camp overnight on the land |
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5.1.7 |
Not drive
your car or other vehicle on any part of the land not a designated
road |
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5.1.8 |
Comply with
all rules regarding access to the land in which the tree(s) is planted
as may apply from time to time |
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5.1.9 |
Allow the
supplier to fell and remove and replace the tree(s) if it becomes
diseased or unsafe or dangerous |
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5.1.10 |
Immediately
inform the supplier of any claim or threatened claim, to pass all
papers to the supplier, their insurers or agents on receipt and
to give to the supplier any information requested by them, their
insurers or agents. |
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5.1.11 |
To agree that
the supplier may have absolute authority to take over in your name
and to settle, defend any claim and legal proceedings as they think
fit. |
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5.2 |
The
supplier agrees: - |
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5.2.1 |
to keep the
trees and land adequately insured against damage or injury caused
by the tree and to indemnify you should any action be taken against
them provided you comply with claims 5.1.10 and 5.1.11. |
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5.2.2 |
to replace
any trees should it be necessary to fell and remove any trees |
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5.2.3 |
not to sell
the land for commercial logging or building purposes. |
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| 6 |
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Data
Protection |
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6.1 |
The supplier
will take all reasonable precautions to keep the details of your
order and payments secure, but unless the supplier is negligent
the supplier will not be liable for unauthorised access to the information
supplied by you. |
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6.2 |
The supplier
will only use the information you provide about yourself for the
purpose of fulfilling your order unless you agree otherwise. |
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| 7 |
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Applicable
Law |
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7.1 |
These terms
of sale and supply of goods will be subject to English Law and the
English courts will have jurisdiction in respect of any dispute
arising from the contract. |
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