Terms and Conditions

By ordering online or offline from Marshalls you accept the Terms and Conditions contained within the www.marshalls-garden-club.com web site at the date of sale. Please read these terms of sale carefully before placing your order and retain a copy of these terms conditions and your order for future reference. You may find it helpful to save or print a copy for information as the terms and conditions may change from time to time.
The terms Marshalls and Marshalls Seeds and all  associated logo devices are trade marks in Europe and the UK operated under licence by SEM Garden Products Limited.
These terms of sale apply to all goods supplied by or via SEM Garden Products Limited, Brunel House, 3 Old Street, St Helier, Jersey, JE2 3RG Company No: 104956 and also S E Marshall and Co Limited, 61 Malone Road, Belfast, Northern Ireland BT9 6SA, Company No: NI48629, VAT Registration No: GB 843 9140 23,  trading as Marshalls, with customer service facilities operated on behalf of both companies located at Marshalls, Alconbury Hill, Huntingdon PE28 4HY. These terms and conditions apply as they may be relevant and applicable to contracts of sale for each company trading as Marshalls.

1. Privacy Policy
1.1 Information supplied by you will only be held and used for our purposes in order to conduct business with you and to improve our level of service.
1.2 When you order, we need to know your name, email address, invoice  and delivery addresses, and, also payment details including credit or debit card number details, as may be appropriate. This enables us to process and fulfil your orders and to notify you in the event of any queries. We also request your telephone number which allows us to contact you if there is a problem with your order such as a courier having difficulty in achieving a delivery.
1.3 We will occasionally send you emails relating to your order, such as order confirmations and other important information where you will have given us your consent as part of the registration process. 
1.4 We will not sell or rent your email address or telephone number(s) without your permission. We may ask you for some additional information from to time to time to help us improve our service to you - this is entirely voluntary and will be clearly highlighted as such.
1.5 Should you wish to have you name and address suppressed  from receiving future mailings and emails all you need to do is contact us and all further promotional contacts with you will cease as appropriate.
1.6 We may track the patterns of behaviour for customers to help ensure that we only send you mailings and emails that we consider relevant to you, to minimise impacts upon the environment.

2. Security
2.1 We have security measures in place to protect the loss, misuse and alteration of the information under our control. Our on-line transaction systems use the latest encryption technology to enable secure internet and payment transactions to take place.
2.3 We have additional security procedures in place to protect the confidentiality, integrity and availability of your user Information.
3. Prices and Availability
3.1 Prices quoted are in British pounds (£) and are accurate at the time published but may be subject to change. UK VAT or Jersey Goods and Sales Tax where appropriate is included at the current rate.
3.2 If a price increases between you placing and our accepting your order, generally we will honour the original price.
3.3 Products and services are subject to availability and may be withdrawn at any time, including after you have placed your order. If your order cannot be fulfilled we will let you know at the earliest convenient opportunity.
4. Purchase Agreement
4.1 Contracts for purchases made with SEM Garden Products Limited, whose registered office is Brunel House, 3 Old Street, St Helier, Jersey JE2 3RG, company registration number 104956, will be for those products where item descriptions displayed on the web site and subsequent order confirmations are highlighted by an asterisk (*). Otherwise, the contract of sale will be made with S E Marshall and Company Limited, whose registered office is 61 Malone Road, Belfast BT9 6SA , company registration number NI48629.
4.2 Please note that these addresses cannot accept any customer returns, which should be returned only to the address shown on the delivery address label. Unless agreed in advance, all costs for returns will be non-refundable. For further details of our return procedure to the return address please contact our Customer Service team to discuss the reason for your return. They can be contacted  by telephone on  01480 44 33 90.
4.3 When you place an order to purchase goods from us it constitutes an offer or series of offers from you to either one or both of the companies mentioned above in section 4.1. We accept these offers when on behalf of these companies we send you order confirmations by post or email, or, advice notes confirming that we have despatched goods you have ordered from them. That acceptance will be deemed to be complete and communicated to you at the time we send such confirmation emails,  letters, or, shipments. Acknowledgement of receipt of an internet order does not constitute our acceptance. Marshalls must, in addition, receive payment or confirmation that a credit or debit card has been pre-approved and notified to us by the issuer prior to order acceptance and contracts formed. Any term sought to be imposed by you in your order will not form part of the contract.
4.4 By placing an order to purchase from either or both the companies, you acknowledge your acceptance of these terms and conditions.
5. Descriptions and Substitutions
5.1 Whilst we make every effort to show and describe our products as accurately as possible, in rare cases the final product may differ slightly. It is rare for the plants we despatch to be in flower or fruit - the images are purely for illustrative purposes only.
5.2 We occasionally substitute a product with one of a similar description, where for example the original item becomes unavailable to poor quality, germination failure or a product has been superseded. In the event that you are not satisfied with the substitute we send, you may return this to us immediately for a full refund.
5.3 In the event that we do supply an alternative product, we undertake to supply an item of equal or greater value. In the event that the value is lower than that of the original product ordered, we will credit you account with the difference.
6. Guarantee 6.1 All our seeds are selected and laboratory tested by us to ensure high germination, quality and purity. All plants and bulbs are hand checked before despatch and will be in good condition at the time of delivery and true to type.
6.2 If anything you receive from us is faulty or damaged we will replace it free of charge or fully refund the cost, reimbursing the return postage if we have requested it to be sent back to us. In the unlikely event that you are not entirely satisfied with anything, you may still return it in unused condition within 14 days for a full refund, although in this case return postage costs are not normally reimbursed. In both cases, before returning anything please contact our customer services department, who will advise the appropriate return address in Jersey or the UK mainland.
6.3 This undertaking is in addition to your statutory rights.
7. Payment
7.1 Payment is accepted by cheque and postal order (mail order only), credit and debit card.
7.2 When payment is made by cheque or postal order please make them payable to Marshalls.
7.3 Credit and debit card payments for the full amount of your purchases are collected at the time of ordering, irrespective of when the goods are to be despatched.  We do this to avoid problems of cards no longer being valid at the date of delivery and to reduce administration costs when orders are fulfilled in stages (and so saving you money in the longer term). Should any items not be available we will credit your account.
7.4 Your card statements will show any payments processed as received by SEM Garden Products  - Marshalls.
8. Risk & Ownership & Title
8.1 Ownership, title and risk of goods pass to you immediately upon despatch of your goods and shall take place at the despatch address. All despatches  from S E Marshall and Co Ltd shall be deemed to have taken place in the UK whilst those from SEM Garden Products Limited shall have taken place in Jersey.
8.2 The companies shall be responsible for making arrangements for collection of your goods or making your goods available to you or carrier as per your order.

9. Shipping, Handling and VAT
9.1 Irrespective of the number of shipments we may make, Marshalls make only one charge for arranging  despatch of your order. This administration, postage and packaging charge shall, for the purposes of the contracts, where an order is accepted as two separate contracts by the two companies, be allocated across each of the items ordered and hence to the contracts, in proportions based upon their value, but excluding the postage and packaging charges. Otherwise, where the order relates only to items provided by one of the companies, the entire charge shall be allocated in full to the company forming the contract with you.
9.2 For orders placed with S E Marshall and Co Limited, prices payable include VAT where applicable.
9.3 Consignments from SEM Garden Products Limited imported by customers, up to the value of £17.99, excluding delivery arrangement costs are relieved from import VAT and duties under current legislation. For consignments exceeding this amount, unless otherwise instructed, we shall arrange for VAT and any applicable customs duty due on your importation to the UK to be paid to HMRC. As such, you shall be the importer and no evidence of VAT payments will be included in any receipt. Where the consignment value is equal to or greater than £18, any VAT paid on your behalf will be indicated on the delivery label declaration. Please note that the consignee will be deemed the importer irrespective of the contract and will be nominally responsible for VAT and duty.
9.4 For customers requiring delivery to or within Jersey the prices advertised by us are inclusive of all applicable taxes to Jersey residents, unless otherwise stated to the contrary. SEM Garden Products Limited will pay General Sales Tax on behalf of its Jersey customers where applicable.
9.5 Where a simple discount is applied to an order, rather than a specific discount applied to a product,  prior to forming a contract, the discount shall be assumed to be applied proportionately across all the products ordered.
10. Liability
101 We will not be liable for any loss caused or consequential and/or subsequent loss, exceeding the value of an item in dispute. Where there is a partial loss, we reserve the right only to make a proportional replacement, credit or refund. 
10.2 Marshalls will endeavour to despatch top quality products to you and in arranging delivery  to take care to use the most suitable packing and delivery services to ensure products arrive in first class condition.
10.3 This site should only be used for information purposes. We shall not be liable for any damage or loss that may occur in the use of any of the information contained or advice given in this site excepted as stated in the terms and conditions of sale (where applicable) and to the extent that such liability cannot be excluded by law. We are not responsible for the sites accuracy, although every effort has, is and will be made to ensure that the information contained is correct and up to date, nor for its fitness for a particular purpose or the reliability of access to this site.
10.4 We will not be liable for damages or losses resulting from your use of or inability to use this site. Neither do we guarantee that this site will operate free of error or that it is free from computer viruses or any other contaminating computer programme. We will not be liable to you or in breach of contract for delay or failure to perform due to any causes beyond the reasonable control of us or our suppliers, including but not limited to Acts of God, civil commotion, industrial dispute, riots, flood and legislation.
11. Use of this Site
11.1 You may view or print individual pages from this site for your own personal use but you may not copy, reproduce, modify, distribute, republish, re-sell, display, post or transmit any part of this site without our written permission.
12. Changes to the Terms
12.1 We reserve the right at any time to remove, modify or change without notice any information contained in our catalogues, advertisements or on this site. We may also change these terms at any time by posting changes on the site. If you use the site after any changes have been made you will be bound by the new terms. You should therefore ensure that you read the terms each time you use the site.
13. Review Guidelines
13.1 We want your comments to be heard - so to save you time and effort, please note that we cannot post
single-word reviews, remarks directed at other reviewers, content not specific to the item being reviewed
remarks that repeat criminal accusations, reviews that are not your own original work or have been previously published elsewhere, content which might be considered defamatory, blasphemous, racist or incendiary
profane or spiteful remarks, sexually explicit or sexually gratuitous comments, reviews submitted by, or on behalf of, companies or Web sites, advertisements or promotional material for other Web sites
phone numbers, postal addresses or URLs, availability, price or alternative ordering or delivery information, personal or critical remarks focussing solely on Marshalls. We reserve the right to remove or refuse to post any customer review we consider inappropriate.
13.2 By submitting a review, you represent that the review is your own work, that it is original, and that it is unencumbered by any existing or anticipated contractual relationship; further, you are granting us permission to publish your review on our website, emails and in other marketing communications.
13.3 If you do not wish for your name to be published please use a pseudonym when submitting your review.
13.4 We reserve the right to choose which reviews we publish to the site. Submission of a review is not a guarantee of it being published. We also reserve the right to edit review submissions if, after an investigation, we believe there are incorrect statements based on our understanding and technical knowledge of the products.
14. Governing Law and Jurisdiction
14.1 These terms and also your use of this site are governed by and construed in accordance with the laws of the Island of Jersey and any disputes will be decided only by the Courts of Island of Jersey.


15. Additional Terms and Conditions – Allotment Clubs and Societies

15.1 In accepting the offer from Marshalls to join the Garden Club, the organiser and co-organiser confirm that the organisation they represent is a bona fide club consisting of at least 10 members whose intention is to buy seeds and / or other garden items offered by Marshalls. They both acknowledge that they act with the agreement and authority of their organisation.
15.2 In the event that fewer than 10 members order from Marshalls Garden Club at the nominated first cut off date, Marshalls shall at its discretion choose whether it delivers or cancels an order or series of orders.
15.3 Marshalls shall advise the organisers of a cut off date for ordering which shall appear on their organisations access page on the Marshalls Garden Club Web Site. Following this cut-off date, a new cut-off date will be implemented by Marshalls.  The cut-off date may be varied to suit individual customer needs by prior agreement with Marshalls.
15.4 The organiser and co-organiser undertake to immediately advise the Marshalls Garden Club of any change to their personal or deliver details to ensure that Marshalls communicate details of orders and despatches and make delivery to the correct address.
15.5 Marshalls shall deliver to the delivery address as nominated by the organisers at the date of packing members’ orders.
15.6 The primary contact for communication with your organisation shall be the organiser.  In the event that we are unable to contact the organiser for any reason whatsoever we shall contact the co-organiser and all matters agreed with the co-organiser shall be treated as if the organiser and co-organiser are one and the same person acting with the same authority from the organisation.
15.7 In ordering  from the Marshalls Garden Club the individual buyer acknowledges that they are a member of the organisation indicated on seller’s web site.
Members or individuals who order under the umbrella heading of a Garden Club registered organisation, acknowledge that they are acting in accordance with the rules of that organisation. They also acknowledge that Marshalls may communicate with them by postal and electronic means for the purposes of keeping them informed about Marshalls products and services.
 15.8 Members of allotment clubs and organisations who order from the S E Marshall and Co Ltd  shall have their orders made available to be delivered to the address most recently advised by the organisers, which may not be the address shown on the Marshalls Garden Club web site at the time of ordering.
15.9 Ownership and shall transfer at the point of despatch and orders placed with S E Marshall and Co  for bulk delivery to the delivery address nominated by the organisers shall be deemed as delivery to an individual buyer purchasing under the scheme.


Last updated 1st September 2010