Terms and Conditions
Payment for all products must be by credit or debit card. We accept payment with Visa, Mastercard, American Express, Discover.
If the price of goods changes between the date we accept your order and the delivery date, you will pay the price you paid during your original transaction.
If, by mistake, we have underpriced a product, we will not be liable to supply that product to you at the stated price, provided we notify you before the item is dispatched. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.
All prices are quoted in US dollars ($) and therefore you are subject to currency value or conversion rates. Pumpkin Pond Farm is not responsible for any changes in currency value or conversion rates that your bank or credit card company may use when charging in your country’s currency.
Basis of Sale
By placing an order through petershamnurseries.com, you warrant that you are legally capable of entering into binding contracts.
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the “Dispatch Confirmation”).
Offers and Promotions
Occasionally we run offers, promotions and sales online. These are subject to the following terms:
- All offers are subject to availability. Sale items are limited stock and although a product may show as in stock, we may occasionally be unable to fulfil the order due to increased demand. If we are unable to fulfil an order you will notified by email and given a refund for the item.
- All offers exclude delivery charges.
- Offer end dates apply.
- Offers are available online only. Offers cannot be used in conjunction with any other offer/voucher or discount. Where applicable to claim an online discount enter the promotion code at the checkout. Our general terms and conditions apply.
- Offers are at the sole discretion of Pumpkin Pond Farm and are subject to variation or withdrawal without notice. Offers or promotions cannot be applied to previously placed orders.
Limitation of Liability
The total liability of Pumpkin Pond Farm for any claim, howsoever arising, shall not exceed the price of the goods supplied by us to the customer.
If you have a valid claim based on the poor condition or quality of your goods and you return them within a reasonable time, you are entitled to choose between a refund or replacement where possible.
These terms and conditions do not affect your statutory rights as a consumer.
We endeavor to keep the Website up-to-date, but retain the right to update product information without notice.
Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time.
Contracts for the purchase of products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non- contractual disputes or claims) will be governed by Massachusetts law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Massachusetts.
Terms and Agreement
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems’ capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within three working days of receipt by you of the products).
Viruses, Hacking and other Offences
You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a disturbed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or any website linked to it.