Please read the following important terms and conditions before you buy anything from us
and check that they contain everything which you want and nothing that you are not willing to
This contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
This contract is used for when you and we enter into a contract on the Farm and on the website.
In this contract:
• ‘We’, ‘us’ or ‘our’ means Brookleigh Farm; and
• ‘You’ or ‘your’ means the person buying goods from us.
If you don’t understand any of this contract and want to talk to us about it, please speak with us at the
Farm or contact us by:
• telephone 01943 864116 or 07961087080
• email firstname.lastname@example.org
• opening hours are 9am until 8pm
Who are we?
Brookleigh Farrm, Burley Road, Menston, LS29 6NS
1.1 If you buy goods from us you agree to be legally bound by this contract.
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013 say that we must give you certain key information before a legally binding
contract between you and us is made (see the summary box below). We will give you this
information in a clear and understandable way. Typically, we will do this at the Farm before
you buy the goods from us. Some of this information is likely to be obvious from the context.
Some of this information is also set out in this contract, such as information on our complaint
handling policy (see clause 14 ).
Information we will give you
We will give you information on:
the main characteristics of the goods you want to buy
who we are, where we are based and how you can contact us
the total price of the goods including any taxes (or where this cannot reasonably be worked
out in advance, the manner in which we will work out the price)
all additional delivery charges (or where this cannot reasonably be worked out in advance,
the fact that such additional charges may be payable)
the arrangements for payment, delivery, performance, and the time by which we will deliver
our complaint handling policy
the fact that we are under a legal duty to supply goods that are in conformity with the
2.2 The key information we give you by law forms part of this contract (as though it is set out in
2.3 If we have to change any key information once a legally binding contract between you and us
is made, we can only do this if you agree to it.
3. Your privacy and personal information
3.2 Your privacy and personal information are important to us. Any personal information that you
information we collect from you, how and why we collect, store, use and share such
information, your rights in relation to your personal information and how to contact us and
supervisory authorities if you have a query or complaint about the use of your personal
4.1 We stock a range of trees on the Farm which are available for purchasing.
4.2 We stock 3 varieties of Christmas tree: Nordman; Fraser Fir (both Non Drop); Traditional
Norway Spruce on our website.
4.3 We can choose a tree for you if you are unable to attend the Farm personally. This can be
done using our website online and orders can be taken by telephone.
4.4 We do stock trees over 8ft which can be supplied to residential customers and local
businesses. These orders can be taken on our website; by telephone; or in person on the
4.5 Please note that trees do shed needles however if needles are dropping to the floor
excessively it does indicate the tree may be dry. If you are have an issue, please contact us
immediately within 48 hours.
5.1 We sell a range of
baubles; lights and wreaths. We do not stock lights on the Farm but can order them from a
5.2 If your accessories are faulty, please contact us as soon as possible after noticing the fault
and we will rectify it, with an exchange or refund.
5.3 We are happy to offer an exchange on all unused products within 14 days of delivery. Please
return these to us as soon as possible and once received we will re-issue your goods.
6. Ordering goods from us
6.1 Below, we set out how a legally binding contract between you and us is made.
6.2 Any quotation given by us before you make an order for goods is not a binding offer by us to
supply such goods.
6.3 When you decide to place an order for goods with us, this is when you offer to buy such
goods from us.
6.4 When you place your order with us, we will acknowledge it on the Farm by you physically
taking the tree away and providing you with a receipt if requested. If payment is taken by
card, a receipt will be provided by Sage Pay. Any order taken on the website will receive a
confirmation email. This acknowledgement does not, however, mean that your order has
6.5 You place an order on the site by adding it to your basket and confirming payment. Please
read and check your order carefully before submitting it. However, if you need to correct any
errors you can do so before submitting it to us.
6.6 When you place your order at the end of the online checkout process (eg when you click on
the ‘pay now’ button), we will acknowledge it by email. This acknowledgement does not,
however, mean that your order has been accepted.
6.7 We may contact you to say that we do not accept your order. If we do this, we will try to tell
you promptly why we do not accept your order. This is typically for the following reasons:
6.7.1 the goods are unavailable;
6.7.2 we cannot authorise your payment;
6.7.3 you are not allowed to buy the goods from us;
6.7.4 we are not allowed to sell the goods to you;
6.7.5 you have ordered too many goods; or
6.7.6 there has been a mistake on the pricing or description of the goods.
6.8 We will only accept your order when we confirm this at the Farm by purchasing at point of
purchase or processing purchase on website. We will email you to confirm this
(Confirmation Email). At this point:
6.8.1 a legally binding contract will be in place between you and us; and
6.8.2 we will dispatch the goods to you or hand the goods over to you.
7.1 We offer a local delivery service if the destination is within 30 minutes away from LS29 6NS.
Please note local delivery service charges do apply, and you will be supplied with these
charges upon purchase.
7.2 We offer a national delivery service if it is over 30 minutes away from LS29 6NS which is
carried out by Tuffnells Parcels Express Limited (Courier).
7.3 If we need to deliver goods to you nationally or you ask that we do so, we use the courier to
deliver our goods. If you want information on your delivery options and costs, speak with us
on the Farm or visit our webpage before you place your order.
7.4 We will let you know on the Farm or in the Confirmation Email (see clause 6.8 ) the estimated
date and time window for delivery of the goods.
7.5 Your tree will be delivered nationally between 9am and 5pm Monday to Friday and within 4
working days of placing the order.
7.6 If you have a nationwide delivery we will need to contact our courier partner for delivery
schedules and information.
7.7 We do not offer national weekend deliveries, we will need to contact our courier partners for
delivery schedules and information.
7.8 If something happens which:
7.8.1 is outside of our control; and
7.8.2 affects the estimated date of delivery,
we will let you have a revised estimated date for delivery of the goods.
7.9 Delivery of the goods will take place when we deliver them to the address that you gave to
7.10 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days,
7.10.1 let you know;
7.10.2 cancel your order; and
7.10.3 give you a refund.
7.11 If nobody is available to take delivery, please tell us a safe place to leave the tree
using the contact details at the top of this page.
7.12 The courier will not redeliver, please only book this service if you will be in or have a
safe and accessible place to leave the tree/package. We will not be liable if the tree is
delivered but not received by you.
7.13 Please contact us at least 24 hours before the delivery date to cancel an order for
7.14 Please contact us at least 48 hours before the delivery date to cancel an order for
7.15 If you are not happy
with your tree due to
damage on delivery; wrong size; poor quality we will replace it, as long as you let us
know within 48 hours of delivery.
7.16 We are unable to replace a tree which has been delivered if you have simply changed
your mind. Each tree is a natural product and therefore unique.
7.17 You are responsible for the goods when delivery has taken place. In other words, the
risk in the goods passes to you when you take possession of the goods.
7.18 We do not make deliveries to any addresses outside of the UK. If you have a delivery
postcode in Cornwall, Anglesea, Scottish Highlands we reserve the right to charge an
additional transit fee or refuse the order.
7.19 The courier firm charge the additional fee to us directly. If this is the case, we will
inform you of a cancelled order.
7.20 We may deliver your goods in instalments. If you want to see whether your goods
may be delivered in this way, please speak with us at the Farm or check the
Confirmation Email (see clause 6.8 ).
7.21 Special delivery instructions should only relate to the location of where to leave the
package in an accessible place.
8.1 We accept cash, cheques, and all major credit and debit cards except American
Express. We also accept payments by Sage Pay and Pay Pal.
8.2 Your credit card or debit card will only be charged just before when the goods are
handed over to you or dispatched by us.
8.3 All payments by credit card or debit card need to be authorised by the relevant card
issuer. We may also need to use extra security steps via:
8.3.1 Verified by Visa:
8.4 The price of the goods:
8.4.1 is in pounds sterling (£)(GBP);
8.4.2 includes VAT at the applicable rate;
8.4.3 does not include the cost of:
18.104.22.168 delivering the goods (if you want information on your delivery
options and costs, speak with us at the Farm or visit our webpage
before you place your order);
9. Nature of the goods
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as
‘statutory rights’), for example, the goods:
9.1.1 are of satisfactory quality;
fit for purpose;
9.1.3 match the description, sample or model; and
9.1.4 We must provide you with goods that comply with your legal rights.
9.2 The packaging of the goods may be different from that shown at the Farm.
9.3 While we try to make sure that all weights, sizes and measurements set out at the
Farm as accurate as possible, there may be a small tolerance in such weights, sizes
and measurements in the following goods: trees and wreaths.
9.4 Each tree is a natural product and not uniform in production. If your tree is not the
size expected, please measure your tree from base to the leader and confirm it is not
within the parameters ordered.
9.5 Any goods sold:
9.5.1 at discount prices;
9.5.2 as remnants;
9.5.3 as substandard,
will be identified and sold as such. Please check that they are of a satisfactory quality for their
9.6 If we cannot supply certain goods (such as type of tree or wreath) we may need to
substitute them with alternative goods of equal or better standard and value. In this
9.6.1 we will let you know if we intend to do this but this may not always be
9.6.2 you can refuse to accept such substitutes; in which case we will offer
you a refund or a replacement and let you know how long such an offer
remains open for.
10. Faulty goods
10.1 Nothing in this contract affects your legal rights under the Consumer Rights
Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.2 Please contact us using the contact details at the top of this page, if you
10.2.1 us to repair the goods;
10.2.2 us to replace the goods;
10.2.3 a price reduction; or
10.2.4 a refund.
11. Tree disposal
11.1 We offer a local Christmas tree delivery service of £10 per tree from 4
January which is available to the local villages around the Farm.
11.2 This service is
book at the Farm and on the website.
11.3 Please leave your tree in an obvious and accessible area to enable us to
12. End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us
under this contract.
13. Limit on our responsibility to you
13.1 Except for any legal responsibility that we cannot exclude in law (such as for
death or personal injury) or arising under applicable laws relating to the protection of
your personal information, we are not legally responsible for any:
13.1.1 losses that:
22.214.171.124 were not foreseeable to you and us when the contract was
126.96.36.199 that were not caused by any breach on our part;
13.1.2 business losses; and
13.1.3 losses to non-consumers.
14.1 We will try to resolve any disputes with you quickly and efficiently.
14.2 If you are unhappy with:
14.2.1 the goods;
14.2.2 our service to you; or
14.2.3 any other matter,
please contact us as soon as possible.
14.3 If you and we cannot resolve a dispute using our internal complaint handling
procedure, we will:
14.3.1 let you know that we cannot settle the dispute with you; and
14.3.2 give you certain information required by law about our alternative
dispute resolution provider.
14.4 If you want to take court proceedings, the courts of the part of the United
Kingdom in which you live will have non-exclusive jurisdiction in relation to this
14.5 The laws of England and Wales will apply to this contract.
15 Third party rights
No one other than a party to
this contract has any right
to enforce any term of this contract.