Terms and Conditions

Please read these terms of use carefully before using the services offered by The Tree Barn. These terms of use set forth the legally binding terms and conditions for your use of this website www.trees@thetreebarn.co.uk

The Tree Barn web site provides a platform that enables users to browse and buy trees and associated products.

Our address is Greenfield Farm, Christmas Common, Watlington, Oxon, OX49 5HG

Scope of terms
These general terms and conditions (hereafter referred to as “Terms”) apply between The Tree Barn and the User of our websites, www.thetreebarn.co.uk (hereinafter “Web”), and all use of our forthcoming application for mobile devices (hereinafter “App”). By using the functionalities of The Tree Barn’s Web and/or App (hereinafter collectively called the “Platform”), the User agrees with the terms and conditions described in these Terms for using our Platform as described herein, and as may be amended from time to time by us. Your use of this website is subject to the terms and conditions that follow. Please read them carefully. By proceeding to browse and use this website you are deemed to have agreed to comply with and be bound by these terms and conditions, which together with our Privacy and Cookies Statement set out below govern The Tree Barn’s relationship with you with regards to your use of this website. If you do not agree with any of these terms and conditions please leave this website immediately.

The Tree Barn owns the copyright in all of the information and documentation contained on this website and therefore these terms and conditions have been set by The Tree Barn.
The Platform is intended for use by persons over the age of 18.

Last Updated: September 14, 2020

Special Covid-19 Terms & conditions
* We do not accept refunds of trees based on an aesthetic nature.
* We only allow cancellations within the first 24 hours of your order being made online. For wholesale orders we do not allow cancellations within 14 days of collection/delivery.
* If we are out of stock of a specific item, we reserve the right to either substitute or give you a refund for the item.

The Tree Barn as Platform provider
* The User is aware that use of the Platform is without any responsibility for The Tree Barn, as The Tree Barn is only providing the Platform to buy trees and associated products.
* In not event shall The Tree Barn be liable (directly or indirectly) for any direct, indirect or consequential loss or damage incurred by any user in connection with this website or in connection with the use, inability to use, or results of the use of this website, any websites linked to it and any materials posted on it (including any delays, inaccuracies, errors or omissions in the information and documentation), including, without limitation, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Certain Restrictions
The rights granted to you in these terms of use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Platform or any portion of Platform, including the Web, (b) you shall not frame or utilise framing techniques to enclose any trademark, logo, or other Platform (including images, text, page layout or form) of The Tree Barn; (c) you shall not use any metatags or other “hidden text” using The Tree Barn’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes to “scrape” or download data from any web pages contained in the Web (f) you shall not access Platform in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Platform. Any future release, update or other addition to Platform shall be subject to these terms of use. The Tree Barn, its suppliers and service providers reserve all rights not granted in these terms of use. Any unauthorised use of the Platform terminates the licenses granted by The Tree Barn pursuant to these terms of use.

The User’s obligations
You may use our website only for lawful purposes.
The User must at all times:
* Provide The Tree Barn with correct account information of name, address and e-mail address, etc.
* Using the Platform, any future App or some of the functionalities may be prohibited or restricted in certain countries. The User is responsible for complying with the laws and regulations of the territory from which the Platform is accessed or used.
You may not use our site:
* To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation, for example ‘spam’.
To transmit, or procure the sending of any material which is: defamatory of any person, obscene, offensive, inflammatory, sexually explicit, promotes discrimination or harassment based on sex, sexual orientation, gender reassignment, marital or civil partnership status, race, age, religion or disability, infringes any copyright, database right or trade mark of any person, is likely to deceive any person, is in breach of any legal duty owed to a third party (for example, the duty of confidence), is threatening or abusive, is likely to harass, upset or embarrass any other person, misrepresents your identity, or advocates or promotes any unlawful act. We will determine, in our absolute discretion, whether there has been a breach of these Acceptable Use Standards through the use of our website. If a breach of this policy has occurred, we may take such action as we deem necessary.
Failure to comply with these Acceptable Use Standards constitutes a material breach of these terms and conditions and may result in our taking all or any of the following actions:
* Immediate, temporary or permanent withdrawal of your right to use our website and/or the functionalities with any notice or without notice at the sole discretion of The Tree Barn.
* A warning being issued to you.

Viruses, Hacking and Other Offences

* You must not misuse this website by knowingly introducing viruses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored, or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and the Police and Justice Act 2006. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this 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 this website or to your downloading of any material posted on it, or on any websites linked to it.
* The Tree barn cannot warrant that this website is free of viruses or technical defects of any description and will not be responsible for any technical problems arising from the use of this website.

Platform functionalities
The User is solely responsible for any content of reviews, posting pictures and information made available on the Platform and the public.

The Tree Barn’s Warranty
We do not provide any warranty unless specific and expressly stated.
Third-party terms may include applicable disclaimers.

Liability limitation
Due to the nature of the services provided, in general no liability incurs with The Tree Barn, as any potential liability lies with the Users.
If in extraordinary cases The Tree Barn should be liable, such liability is limited in the following ways:
* no indirect loss is covered, including but not limited to loss of data, revenue loss, health issues or illness resulting from products sold from the The Tree Barn web site, etc.;
* damages are under any circumstances limited to 150 GBP;
* only claims based on gross negligence or intent of The Tree Barn can be filed.
* The Tree Barn is never liable for errors on the Platform, or underlying software, the services or any information provided by Users. The Platform and all its functionalities are provided to the User “as is”.
The limitations and exclusions in this section (Liability limitation) apply to the maximum extent permitted by applicable law.

Duration and Termination
These Terms are in force for as long as the Users account is active.
* The Tree Barn is entitled to terminate a user account immediately if the User violates the regulations of these Terms.
* The Tree Barn’s rights to user content shall not be affected by the termination of the Terms or a user account.
* Termination of a user account does not relieve you from any obligation under any other agreement that has not been specifically terminated, such as the Terms or Privacy Policy.

Changes

These Terms may from time to time be amended at The Tree Barn’s sole discretion. Users are bound by any changes to the Terms when using the Platform after changes have been posted.
An updated version of the Terms will at all-time be available at www.thetreebarn.co.uk.

Miscellaneous
If a clause in the Terms is not enforceable, the unenforceability of that clause will not affect any other sections of the Terms.

Law and venue

These Terms and any disputes arising hereof, or other disputes or claims arising out of or in connection with the use of the Platform shall be settled in accordance with English.
If you have any questions regarding your privacy, please read our privacy policy: https://www.thetreebarn.co.uk/privacy

If you have any other queries or concerns regarding your use of this website or these terms and conditions, please contact trees@thetreebarn.co.uk

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