please read the terms and conditions of us carefully before using this website.
1. format of the contract
1.1.These terms of sale apply to all goods supplied by Well Cultivated, whose office is at Castle Cavendish, Dorking Road, Nottingham NG7 5PN.
1.2. Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
1.3. We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.
1.4. If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
1.5. In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.6. The contract is subject to your right of cancellation (see condition 6 below).
1.7. We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
1.8. We may change these terms of sale without notice to you in relation to future sales.
2. description and price of the goods
2.1. the description and price of the goods you order will be as shown on our website at the time you place your order.
2.2. If after acceptance of your order we discover within 7 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
2.3. If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
2.4. Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. If within 7 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mispriced goods and offering you the option of:
2.4.1. placing a new order at the correct price for those goods;
2.4.2. cancelling the whole of your order; or
2.4.3. cancelling your order for the mispriced goods and reconfirming your order for the correctly priced goods.
If, within 7 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mispriced, the entire order will be cancelled automatically and we will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mispriced, our contract with you continues and we will deliver the correctly priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mispriced goods.
2.5. To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mispriced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods.
2.6. In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.
3.1. Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle Well Cultivated to terminate the contract immediately.
3.2. There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
3.3. Payments shall be made by you without any deduction whatsoever unless you have a valid discount code or voucher.
4. internet security
4.1.Well Cultivated takes your security very seriously. The sensitive data you give us when you order through the website is encrypted and transferred over the internet using SAGEPAY secure socket layer (SSL) technology, to ensure your transactions are safe and secure. Even though we are committed to protecting the information you provide over the internet, and use advanced security measures, we cannot absolutely guarantee the security of your information nor be responsible for any loss, misuse or alteration, as is the case with all computer networks linked to the internet.
4.3. We accept credit card payment for the following credit and debit cards; VISA, MasterCard, Maestro, Delta, Electron and Solo. We also accept BACS payments; please contact us for account details. Cheques are accepted but will need 3 working days to clear before dispatch is made – please print a copy of your order using the browser’s print facility and post with your cheque. Please make cheques payable to ‘Well Cultivated”.
4.4. Please note that we have provided a converter currency icon at the right top of the product page, nevertheless all prices are quoted in pounds sterling and include VAT at 20%, at the checkout point. Prices may change from time to time. We also reserve the right to change prices if the rate of VAT or delivery changes, and will ensure prices are clearly shown. Payment for credit & debit card orders is taken at the time of order. If you do not wish to give your credit card details over the internet, please call us on 0115 7143 143 (we do NOT recommend you email your credit card details).
5.1. The goods you order will be delivered to the address you give when you place your order.
5.2. Orders placed before 5.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional securities checks are required and all stock items are available.
5.3. If delivery cannot be made to your address for reasons under our control we will inform you as soon as possible.
5.4. If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations we refund or re-credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods. Should you fail to return the goods, we reserve the right to deduct any direct costs incurred in retrieving the goods as a result of such failure. This is subject to our returned goods policy.
5.5. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery.
5.6. Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
6.1. the goods are at your risk from the time of delivery.
6.2. Ownership of the goods shall not pass to you until we had received in full (in cash or cleared funds) all sums due to it in respect of:
6.2.1. the goods, and
6.2.2.all other sums which are or which become due to the Supplier from you on any account.
7. your right of cancellation
7.1. You have the right to cancel the contract at any time up to 7 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to underwear, due to hygienic issues.
7.2. To exercise your right of cancellation, you must notify us by phoning customer services at 0115 7143 143 or email contact [at] wellcultivated.co.uk, giving details of the goods ordered and (where appropriate) their delivery.
7.3. Except in the case of faulty or wrongly described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods at your own cost. The goods must be returned to the address shown in our website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or wrongly described goods we shall, after receiving notification in accordance with (return policy) either collect the goods from you or ask you to return the goods.
7.4. Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods.
7.5. Except in the case of faulty or wrongly described goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods.
8.1. All new electrical goods are warranted from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.1.1. replace those goods, if we have available the same goods at the same price;
8.1.2. repair those goods; or
8.1.3. refund or re-credit you the sum you have paid for the relevant goods within 14 days of the date that the relevant goods are returned in accordance with the Supplier's Returns procedure.
8.2. The warranties in conditions 8.1 above do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manual or instructions, or any alteration or repair carried out without our prior written approval.
8.3. If the goods supplied to you are damaged in transit, you should notify us in writing via emailing at contact [at] wellcultivated.co.uk within 7 working days of receipt of the goods and return the goods to us in accordance with our returns policy (click here). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights.
8.4. If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 5 calendar of receipt of the goods and return the goods to us in accordance with our returns policy. Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under.
8.5. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should email us at contact [at] wellcultivated.co.uk, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
8.6. If there is a discrepancy with the goods supplied to you, you should notify customer services at 0115 7143 143 or email contact [at] wellcultivated.co.uk within 7 days of receipt of the goods.
9. limitation of liability
9.1. Subject to 9.2 below, if you are a consumer we shall not be liable to you for any loss or damage in circumstances where:
9.1.1. there is no breach of a legal duty owed to you by the us or by our employees or agents;
9.1.2. such loss or damage is not a reasonably foreseeable result of any such breach.
9.1.3. any increase in loss or damage resulting from breach by you of any term of this contract.
9.2. If you are a customer we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
9.2.1. loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
9.2.2. any indirect or consequential losses, liabilities or costs.
9.3. If you are a business customer then the aggregate liability of the Supplier (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question.
10.1.Any items that you return to us are at your own risk until they arrive with us, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.
10.2.We do not accept returns of bespoke, made to measure or cut-to-order items, this includes all dressing gowns and fabric orders.
10.3.We do not accept returns for any food or drink item.
10.4.Free delivery is only applicable if the value of the order remains over the free shipping amount, which is £70. If, after returning goods, the order amount falls below the free shipping amount then there will be a charge for the initial delivery at the full shipping rate.
10.5. If you are not completely satisfied with any item you buy from us, please contact contact [at] wellcultivated.co.uk or customer services at 0115 7143 143 in the first instance.
10.6. We will provide clear instructions for the return of the goods for refund or exchange.
10.7. Return postage costs are not pre-paid and are your responsibility. It is your responsibilty to arrange safe delivery to us and we cannot accept responsibilty for lost items that do not arrive back.
10.8. We reserve the right to organise collection of the goods and deduct the reasonable charge from any refund due to you (always advised in advance).
10.9. Return postage costs will be reimbursed by us only in the case of damaged or faulty goods. You must return the goods in their original, undamaged packaging, in the same condition as supplied to you. This does not affect your statutory rights as a consumer.
10.10. We reserve the right to withhold a percentage of the refund value of returned goods if the product or packaging is not in fully re-saleable condition.
11. governing law and jurisdiction
11.1. These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
12.1. We are committed to maintaining the highest degree of integrity in all our dealings with potential, current and past clients, both in terms of normal commercial confidentiality, and the protection of all personal information received in the course of providing the business services concerned. We extend the same standards to all our customers, suppliers and associates.
13. intellectual property and moral rights
13.1. We retain the moral rights in, and ownership of, all intellectual property that we create unless agreed otherwise in advance with our clients. In return we respect the moral and intellectual copyright vested in our clients' intellectual property.
14. professional conduct
14.1. We conduct all of our activities professionally and with integrity. We take great care to be completely objective about our judgment and any recommendations that we give, so that issues are never influenced by anything other than the best and proper interests of our customers.
15. trade description
15.1 Every reasonable effort has been made to ensure photography, descriptions and details are accurate at the time of publishing. However, slight differences in colours and textures may occur and manufacturer’s product specifications may change. Please note all measurements are approximate. We will try our utmost to maintain the accuracy of the information we provide.
16. equality and discrimination
16.1.We always strive to be fair and objective in our advice and actions, and we are never influenced in our decisions, actions or recommendations by issues of gender, race, creed, colour, age or personal disability.