Terms and Conditions
By ordering online or offline from Marshalls you accept the Terms and Conditions contained within the www.marshallsgarden.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 all associated logo devices are worldwide trade marks of S E Marshalls & Company Limited.
These terms of sale apply to all goods supplied by or via 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 located at Marshalls, Alconbury Hill, Huntingdon PE28 4HY. These terms and conditions apply as they may be relevant and applicable to all contacts and contracts of sale with Marshalls.
For additional promotional terms and conditions, click here.
1.1 Information supplied by you will only be held and used for our purposes of the above companies 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, together with other information 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 your 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.
1.7 Cookies.We are always trying to improved our website. In order to do that, it helps to know how people use it. As such, we may use technology to track patterns of behaviour of visitors to our site. This can include using a "cookie" - this a small piece of information that is stored on your computers hard drive by your browser.You can modify your browser to prevent this happening if you'd rather not having cookies stored on your computer.
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. Deliveries to Guernsey customers made from our Guernsey nurseries are not subject to any form of purchase tax. We have taken reasonable precautions to try to ensure that prices quoted on the Website and Printed catalogues, and Email are correct and that all products have been fairly described. We reserve to the right to cancel any order due to errors.
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, refunding the value of the goods or offering you a similar alternative product.
3.4 Some Large Hardware items may be excluded from our Discount Offers shown (where applicable). Please contact Customer Services for further information.
3.5 Offers and discounts codes can be changed or withdrawn at any time. Discount codes may at certain times only apply to new customers or may be subject to online use only. Certain categories or products may be excluded. Offers and discount codes may be subject to certain spend criteria or have maximum spend values associated with the offer. E&OE. Vouchers and codes may be subject to single use and may not be used with any other offer or promotion.
4. Purchase Agreement
4.1Contracts 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 this address 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 0344 557 6700 or by email at email@example.com
4.3 When you place an order to purchase goods from us it constitutes an offer from you. We accept these offers when we send you order confirmations by post or email, or, advice notes confirming that we have despatched some or all of goods you have ordered. 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. In the event that there has been an error or omission in the price advertised, Marshalls reserves the right to rescind any contract or part of a contract prior to despatch or delivery.
4.4 Any term sought to be imposed by you in your order or during the offer process will not form part of the contract.
4.5 In the event that we unable to deliver a product to you we shall advise you as promptly as possible and credit your account with the full value of the item(s) and in addition credit you with any excess postage and packaging contribution that you may have made.
4.6 Your right to cancel or amend your order is governed by Consumer contracts regulations 2014.
4.7 If anything you receive from us is faulty or damaged you have 30 days to return the item(s) and 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. To ensure efficient returns handling all products should be returned to the original despatch address, which is normally printed on the parcel address label. Before returning anything please contact our customer services department, who will advise the appropriate action to be taken and confirm the return address details and process.
As a guidance to your protection, we refer you to the government
Consumer Protection from Unfair Trading Regulations 2008.
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 due 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, but please do contact us first.
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 your account with the difference.
6.1 All our seeds are selected and laboratory tested by us to ensure high germination, quality and purity. All plants and bulbs are carefully 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. To ensure efficient returns handling all products should be returned to the original despatch address, which is normally printed on the parcel address label. Before returning anything please contact our customer services department, who will advise the appropriate action to be taken and confirm the return address details and process.
6.3 This undertaking is in addition to your statutory rights.
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 it 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.
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.
9. Shipping, Delivery, Handling and VAT
9.1 For most of our products, irrespective of the number of shipments we may make, Marshalls make only one charge for arranging despatch of your order. Additional shipping charges may apply for large and bulky items. Where extra delivery charges for multiple items will be incurred this is highlighted on the product page & basket screen. Items that qualify for Free P&P will only be delivered to Mainland UK only.
9.2 For orders placed with S E Marshall and Co Limited, prices payable include VAT where applicable.
9.3 For consignments from Jersey or Guernsey to Great Britain and Northern Ireland, 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. 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 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.
9.5 If you change your mind, you may still return your purchase in unused condition within 14 days for a full refund, although in this case return postage costs are not normally reimbursed. To ensure efficient returns handling all products should be returned to the original despatch address, which is normally printed on the parcel address label. Before returning anything please contact our customer services department, who will advise the appropriate action to be taken and confirm the return address details and process
How much does delivery cost?
UK Mainland - to cover the costs of postage and packing is £4.99 but for extra large and heavy items there is charge of £7.99.
For seed orders postage is £1.99.
UK Non-Mainland (Northern Ireland and Highlands and Islands & Channel Islands) - for heavy and bulky items (including all trees, raised beds, tunnels and Organic Extra), we reserve the right to contact you to amend delivery costs. For seed orders postage is £1.99.
European Union (including Republic of Ireland) - We are only able to send Seeds to the EU. The delivery charge for seed only orders is £4.99.
We are able to ship many other items to the Republic of Ireland. Please contact us on 0344 557 6700 for a delivery quotation.
10.1 We will not be liable for any loss caused or consequential and/or subsequent loss, exceeding the price paid for the 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 site’s 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, which shall for purposes of definition include any ancillary materials and images, you represent that the review is your own work, that it is original, and that it is unencumbered by any existing or anticipated contractual or non-contractual relationship; further, you are granting us permission to publish your review, in whole or in part, on our websites, 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 England and any disputes will be decided only by the Courts England.
Last updated Nov 20192