Terms and Conditions for Eco Elf - Live Christmas Tree Purchase and Green All Year Membership
- Delivery
1.1. Eco Elf will send delivery dates to customers by email by the end of November unless orders are made after the end of November. In that case, delivery dates will be sent within 48 hours.
1.2. Once a customer has chosen a delivery date, they can request to change the date, but Eco Elf reserves the right to decline date changes.
1.3. Deliveries can occur at any time on the delivery date between 7:00 AM and 10:00 PM, and specific delivery times cannot be guaranteed.
1.4. While every effort will be made to meet the delivery date, if this is not possible, the customer will be informed but won't be entitled to any refund or discount.
1.5. Delivery will be made within 24 hours of the agreed date unless an alternative date is agreed with the customer. A delivery will be completed whether the customer is in to receive the delivery or not. The tree will be left in a visible place at the front door. Eco Elf cannot accept responsibility for the tree after delivery is completed.
- Tree Purchase and Care
2.1. As pot-grown trees intended for future living after Christmas, the trees must be cared for and pruned through their life in a sympathetic way. This means that although the trees are carefully considered for their health and appearance before being sent out, the shape, branch coverage, and other visual attributes cannot be guaranteed.
2.2. The customer accepts the judgment of Eco Elf on the tree's suitability for an ornamental Christmas tree when also considering the future viability of the tree post-Christmas.
2.3. The customer also accepts that the appearance of the tree and suitability for an ornamental tree is subjective.
2.4. If a customer is unhappy with a tree, the customer should write by email to Eco Elf with pictures and a description of their complaint. Complaints will be considered on a case-by-case basis.
2.5. If Eco Elf accepts that a tree is not suitable as an ornamental tree, an alternative tree may be arranged for delivery. If Eco Elf accepts that a tree is not suitable as an ornamental tree but is not able to deliver an alternative tree, a refund of the purchase fee will be made, or in the case of a subscriber, a refund of all payments made since 1st January of the same year will be made. The decision of the suitability of the tree as an ornamental tree is with Eco Elf and is final.
- Height Range
3.1. Heights of trees are measured from the ground up with the root pot on top of the ground. Height ranges are given as 80 cm - 100 cm, 100 cm - 125 cm, 125 cm - 150 cm, and 150 cm - 175 cm. The height will be measured up to the nearest shoots or branches from the lead stem, not to the top of the lead stem.
- Safety and Liability
4.1. The customer accepts that as a living tree from an eco farm, the tree may contain insects or other living things, although care is taken not to send trees with any infestation of insects or other living things. The tree has roots in soil in the pot. The tree and soil may contain other plants, bacteria, and fungi. The tree and soil may also contain fertilizer. Eco Elf do not use any pesticides or herbicides, but Eco Elf cannot guarantee that they haven't been used on supply farms where the trees were originally grown.
- Green All Year Membership
5.1. Green All Year Membership, is available to customers who make monthly payments as agreed upon during sign-up. Members must maintain consistent monthly payments without breaks or stops.
5.2 Green All Year Members are offered, in return for consistently making monthly membership payments, the free supply of a tree at Christmas.
5.3. If a payment fails, the customer has one month to reinstate the monthly payments. After one month, the membership will be considered cancelled.
5.4. In case of a cancelled membership, whether initiated by the customer or by Eco Elf, no refund will be issued.
5.5. Monthly payments are not a credit toward the purchase of a future tree. They are membership payments to support Eco Elf's tree care operations throughout the year for all trees.
5.6. As a member, future tree purchase is offered free of charge as a member benefit and does not reflect the value of monthly payments. Delivery costs must be paid for all future deliveries by members, which will be the same delivery costs as non-member customers in the same year. These charges can vary from year to year and cannot be guaranteed until the member places an order and pays for delivery on the website.
5.7. A member with a valid membership in place in October or November will receive a code to purchase a tree for free. At the time of ordering, the delivery charge is due to be paid on the website.
5.8. While Eco Elf offers the option to have the same tree back each year, this is not guaranteed. Tree health and availability can be affected by various factors, including care within the home, environmental conditions, and other unforeseen circumstances.
5.9. If the same tree is not available to hire, a refund is not automatically available. The customer is entitled to hire another tree of the same species and within the same height range as the tree from the previous year.
5.10. If a tree of the same species and height range is unavailable, the customer is entitled to a refund of the payments made since 1st January of the same year.
5.11. If Eco Elf is no longer able to deliver a tree to the customer's address, and an alternative arrangement cannot be agreed upon, provided that monthly payments have been maintained, the customer is entitled to a full refund of all monthly payments made since 1st January of the same year.
- Collections
6.1. Collections are offered as an additional service at additional cost.
6.2. The additional collection service can be purchased as a separate item on the website or be made by electronic invoice by emailing [email protected].
6.3. Collection dates for postcode areas will be sent out to customers that have purchased collection by the end of December.
6.4. Eco Elf will collect the tree for the purpose of rehoming the live tree and reserves the right not to collect a tree that is dead or in bad condition and unlikely to survive. The customer agrees that this is at the sole discretion of Eco Elf.
6.5. If a tree is not collected for the reasons described in clause 6.4. the customer will not be entitled to a refund of the collection fee.
- Cancellation policy
7.1. Customers have the right to cancel up to 24 hours after delivery is completed.
7.3. As living Christmas trees are a perishable item that can be permanently and irreversibly damaged or killed as soon as they enter a home if the right care is not given to them, Eco Elf cannot accept any cancellations after 24 hours from delivery.
7.4. If a cancellation is made after the tree has been packed for delivery, the tree may still be delivered.
7.5. If a cancellation is made before 24 hours after delivery, a refund will be made but collection of the tree is not guaranteed.
7.6. Eco Elf reserves the right to cancel an order at any time.
- Payment and Refund policy
8.1 Payments can be made by UK debit and credit cards, excluding American Express.
8.2 Payments can be made on the website or over the phone if a call is arranged with Eco Elf by emailing [email protected].
8.3 All payments are taken through Stripe payment gateway.
8.4 If a refund is due to a customer, Eco Elf will action that refund within 28 days of the request for a refund.
- Governing law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with this Agreement, including but not limited to issues related to its formation, validity, interpretation, performance, breach, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales. Each party consents to the personal jurisdiction of these courts and waives any objection based on improper venue or forum non conveniens.