Terms of service

Terms of Service

Welcome to MN8 Gardens ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, www.mn8gardens.ie and the purchase of products offered thereon. By accessing or using our website and placing an order, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.

1. General Conditions

1.1. Acceptance of Terms: By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

1.2. Eligibility: You must be at least 18 years of age to use this website and place orders.

1.3. Changes to Terms: We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. Products

2.1. Product Descriptions: We strive to ensure that all descriptions, photographs, and specifications of products appearing on our website are as accurate as possible. However, due to the natural variations in live plants and trees, slight discrepancies in size, colour, shape, and maturity may occur. Images are for illustrative purposes only.

2.2. Availability: All products are subject to availability. While we endeavour to keep our stock levels accurate, there may be instances where a product ordered is no longer available. In such cases, we will notify you as soon as possible and offer an alternative or a full refund.

2.3. Pricing: All prices displayed on our website are in Euro (€) and include VAT where applicable. We reserve the right to change prices at any time without prior notice. However, the price you pay will be the price displayed at the time you place your order.

2.4. Plant Health: We take great care in ensuring that all plants and trees are healthy and of good quality when they leave our premises. However, as live organisms, their health can be affected by various factors once they are out of our care. We provide care instructions with our plants, and it is your responsibility to follow these.

3. Ordering Process

3.1. Placing an Order: To place an order, you must add the desired products to your shopping cart and proceed to checkout. You will be required to provide accurate and complete personal and payment information.

3.2. Order Confirmation: After placing an order, you will receive an email from us acknowledging that we have received your order. This email does not signify our acceptance of your order; it is an acknowledgement that we have received it. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the products have been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.

3.3. Refusal of Order: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

4. Payment

4.1. Payment Methods: We accept payment via all major credit/debit cards, PayPal etc. All payments are processed securely.

4.2. Payment Security: Your financial details are encrypted and processed directly by our payment gateway provider. We do not store your credit card details.

5. Shipping and Delivery

5.1. Delivery Area: We deliver to addresses within the Republic of Ireland and Northern Ireland only.

5.2. Courier Service: All orders are dispatched via reputable courier services. We will provide tracking information where available.

5.3. Delivery Times: Please see our current shipping policy on our website.

5.4. Delivery Charges: Please see our current shipping policy on our website.

5.5. Risk of Loss: The risk of loss and damage to products passes to you upon delivery of the products.

5.6. Receiving Delivery: It is your responsibility to ensure that someone is available to receive the delivery at the provided address. If no one is available, the courier may leave a card with instructions for re-delivery or collection. We cannot be held responsible for plants that deteriorate due to failed delivery attempts.

5.7. Inspection Upon Delivery: You must inspect your order immediately upon receipt. Any damage or discrepancies must be reported to us as outlined in our “returns policy” on our website.

6. Cancellations, Returns, and Refunds

6.1. Right to Cancel (Consumer Rights Directive): Under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013), you have the right to cancel your order within 14 calendar days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire physical possession of the goods.

6.2. Exercising the Right to Cancel: To exercise the right to cancel, you must inform us of your decision by a clear statement (e.g., a letter sent by post or email). You can use the model cancellation form provided in Schedule 3 of the Regulations, but it is not obligatory. Our contact details are provided in Section 11.

6.3. Effect of Cancellation: If you cancel your order, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than: * 14 days after the day we receive back from you any goods supplied, or * (if earlier) 14 days after the day you provide evidence that you have returned the goods, or * if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

6.4. Return of Goods After Cancellation: If you cancel your order, you must send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

6.5. Perishable Goods / Live Plants Exception: Please note that the right to cancel under the Consumer Rights Directive generally does not apply to goods that are liable to deteriorate or expire rapidly. While this can apply to some live plants, we will assess returns on a case-by-case basis. If a plant arrives damaged or unhealthy due to transit, please refer to Section 5.7.

6.6. Damaged or Incorrect Goods: If the products you receive are damaged or incorrect, please notify us within 24 hours of delivery as per Section 5.7. We will arrange for a replacement or refund, including any return shipping costs if applicable.

7. Privacy Policy

7.1. Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy on our website for details on how we collect, use, and protect your personal data.

8. User Conduct

8.1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

8.2. You agree not to transmit any worms or viruses or any code of a destructive nature.

9. Intellectual Property

9.1. All content on this website, including text, graphics, logos, images, and software, is the property of MN8 Gardens or its content suppliers and is protected by Irish and international copyright laws.

10. Limitation of Liability

10.1. To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use or alteration of your transmissions or content.

10.2. In no event shall our aggregate liability for all claims relating to the Service exceed the amount you paid us for the products purchased.

11. Governing Law and Jurisdiction

11.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Ireland.

11.2. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.

12. Contact Information

12.1. Questions about the Terms of Service should be sent to us at: info@mn8gardens.ie  or post to Address: MN8 Gardens, Bullogbrean, Clones, Co. Monaghan H23H211

Last updated: [25/05/2025]