Terms of service


Terms of Service

1. Overview and Business Information

This website is operated by Matthew Grant trading as Evergreen Elves (referred to as "we", "us", or "our"). Throughout this website, the terms "you", "your", and "customer" refer to you as the user. By visiting our site, placing an order, or booking our delivery services, you agree to be bound by these Terms of Service, along with our Shipping & Delivery Policy and Return & Refund Policy.

Please read these Terms carefully before completing an order. If you do not agree to these terms, you should not access the website or use our services.

2. Eligibility and Age of Contract

By placing an order on our store, you warrant that you are at least 18 years of age and possess the legal capacity to enter into a binding contract under the laws of England and Wales. Due to child safeguarding policies and the requirement for an on-the-spot physical inspection upon handover, deliveries will only be completed to an individual aged 18 or older.

3. Natural Product Characteristics, Tolerances, and Pests

  • Natural Variations: All Christmas trees supplied by Evergreen Elves are freshly harvested, real botanical specimens. Product photographs, illustrations, and marketing media are representative guides only. As living, farm-grown products, each tree is unique. Variations in symmetry, branch density, taper, foliage thickness, natural scent, colouration, and needle length are ordinary biological traits and do not constitute a defect, fault, or misdescription.

  • Tree Height: Heights are measured from the base of the cut trunk to the tip of the leader branch. A natural variance of up to 3 inches (plus or minus) may occur due to natural branch structure and grading.

  • Branch Settling: Trees are transported unnetted or freed from transit binding immediately prior to presentation. Once placed upright in your home, branches will naturally relax and settle over a period of 24 to 48 hours.

  • Needle Shedding: Minor needle shedding during positioning, decorating, and normal indoor display is an inherent characteristic of real cut evergreen trees and does not constitute a defect.

  • Woodland Fauna: Our trees are cultivated in open forestry environments. While every tree is mechanically shaken and visually inspected prior to delivery, harmless, dormant outdoor insects or agricultural micro-fauna may occasionally shelter in dense foliage and awaken in domestic warmth. The presence of occasional woodland insects or minor natural debris is normal for harvested timber and agricultural crops and does not constitute an infestation, defect, or ground for rejection.

4. Orders, Pricing, and Cleared Payments

  • Order Formation: Your order constitutes a contractual offer to purchase. A legally binding contract is formed only when your payment has cleared in full and we have issued an automated order confirmation email. We reserve the right to decline, hold, or cancel any order prior to dispatch (for example, in the event of stock shortages, delivery route limitations, pricing errors, or failed security screenings). In such cases, any cleared funds will be promptly refunded.

  • Cleared Funds Requirement: All products, delivery fees, and applicable surcharges must be paid in full with cleared funds prior to order scheduling and route allocation. If a payment method is declined, revoked, or fails to clear, we reserve the right to suspend or cancel the delivery without liability.

  • Pricing: All prices displayed on our website are in pounds sterling (GBP £) and include applicable taxes unless otherwise stated. Delivery fees or specific time slot surcharges are clearly itemised at checkout prior to final payment.

  • Chargebacks and Payment Disputes: In the event of an unjustified chargeback, payment reversal, or clawback initiated after a tree has been prepared or delivered, we reserve the right to seek recovery of the outstanding balance, together with any administrative charges and banking dispute costs incurred, through formal debt recovery procedures.

5. Promotional Offers, Discount Codes, and Competitions

From time to time, we may issue promotional discount codes, vouchers, or run prize draws across our website, marketing campaigns, or official social media channels. All promotional initiatives are governed by the following conditions:

  • Redemption & Entry: Valid promotional codes must be entered into the designated discount field at checkout prior to finalizing payment. Discounts cannot be applied retrospectively once an order has been placed and confirmed.

  • Product Scope & Single-Tree Restriction: Unless explicitly stated otherwise in specific campaign literature, percentage or fixed-amount discount codes apply exclusively to eligible 175cm–200cm Premium Nordmann Fir Christmas Trees and apply to a maximum of one (1) eligible tree per order/household. Any additional trees (up to our cart limit), tree stands, accessories, or delivery surcharges in the same order remain payable at standard pricing.

  • Single Use & Stacking: Promotional codes and vouchers are strictly limited to one use per customer and household. They cannot be combined, stacked, or used in conjunction with any other discount code, bundle promotion, or voucher.

  • Usage Caps & Early Bird Offers: Offers designated as "Early Bird" or limited-quantity promotions are subject to strict caps (e.g., first 10 or 20 qualifying orders) and operate strictly on a first-come, first-served basis. Once the allocated redemption threshold has been met, the promotional code will automatically deactivate without prior notice.

  • No Cash Equivalent: Promotional codes, vouchers, and competition prizes possess no monetary cash value, are non-transferable, and cannot be exchanged for cash, credit, or alternatives.

  • Refunds on Discounted Orders: In the event of a permitted cancellation or refund under our policies, the refund amount will not exceed the net cash amount actually paid at checkout after the promotional discount was deducted.

  • Prize Draws & Social Competitions: Free tree giveaways or social media competitions are subject to specific promotional terms published on our designated competition pages. Unless otherwise stated, prize vouchers (£65.00 value) cover the standard cost of one 175cm–200cm Premium Nordmann Fir Christmas tree. Entrants ordering through an Early Bird campaign prior to the draw remain eligible for a £65.00 refund if their entry is selected. Competition entry is open strictly to residents within our verified delivery postcodes.

  • Reservation of Rights: We reserve the right to decline, withdraw, amend, or terminate any promotional code or offer without notice if we detect misuse, fraud, checkout manipulation, or technical failure.

6. Delivery, Handover, and Risk

  • Direct Delivery Only: All tree orders are fulfillable strictly via our direct delivery service. To comply with local planning regulations and insurance constraints, we do not operate a customer collection depot.

  • Incorporation of Delivery Policy: All delivery timeframes, scheduling changes, unattended drop-off conditions, and failed delivery charges are governed by our standalone Shipping & Delivery Policy, which is incorporated into and forms an integral part of these Terms.

  • Transfer of Risk: Risk of loss, damage, theft, or deterioration passes entirely to the customer upon doorstep handover to an adult at the property, or upon completion of an unattended drop-off conducted in accordance with your explicit instructions.

  • Safeguarding and Staff Welfare: Our team members are entitled to work in an environment free from verbal abuse, threatening behaviour, or unsafe conditions. Our staff will not enter any home, nor will they conduct handovers if an adult (18+) is not present alongside minors. We reserve the right to abort any delivery immediately if staff encounter threatening behaviour or severe hazards. In such instances, the order will be treated as a failed delivery under Clause 9 of our Shipping & Delivery Policy.

7. Property Boundary, Health & Safety, and Interior Damage Disclaimer

  • Doorstep Delivery Boundary: For health, safety, and public liability insurance purposes, our delivery service terminates strictly at the external threshold of your property (the doorstep, driveway, or primary external entrance). Our staff are strictly prohibited and uninsured to enter private domestic living quarters, carry trees up internal stairs, or navigate interior hallways. Our team will safely set the unnetted tree down on the ground at your entrance.

  • Manual Handling: Real Christmas trees are heavy, dense, and awkward objects that carry sticky sap, prickly needles, and rigid branches. Once set down at your entrance, the customer assumes sole responsibility for handling, lifting, and moving the tree inside. Customers are strongly advised to use protective gardening gloves, observe safe lifting practices, and enlist another able-bodied adult for assistance.

  • Domestic Property Damage Disclaimer: Real trees naturally exude resin and shed needles. To the extent permitted by law, we disclaim liability for any accidental damage caused to domestic interiors, including but not limited to scratched or stained flooring, marked walls or wallpaper, soiled carpets, rugs, fabrics, tiles, or broken interior household fixtures occurring during or after the tree is moved into your property by you or your agents.

8. Tree Installation, Maintenance, and Fire Safety

  • Stand and Stability: The customer is solely responsible for ensuring the tree is installed in a sturdy, purpose-built Christmas tree stand correctly sized for the trunk diameter, height, and weight of the tree. We accept no liability for damage, breakage, or injury caused by an unstable, incorrectly mounted, or toppled tree.

  • Hydration Requirements: Freshly cut trees require a continuous supply of fresh water to maintain needle retention. The stand reservoir must be filled immediately upon installation and checked daily. We accept no responsibility, nor do we offer refunds or replacements, for needle loss, drooping, or premature drying caused by failure to maintain adequate water levels.

  • Fire Safety: Cut Christmas trees are combustible. The customer must position the tree a safe distance away from all open flames, candles, log burners, open fireplaces, electric or gas heaters, radiators, and primary household fire exit routes. We disclaim liability for fire damage, smoke damage, or property destruction resulting from placing the tree near heat sources or decorating it with faulty, damaged, non-certified, or incandescent lights. Only certified, low-voltage (LED) indoor lighting should be used.

9. Allergens and Health Sensitivities

  • Natural Sensitivities: Real conifers naturally release organic terpenes, aromatic resins, and trace amounts of naturally occurring forest moulds and spores. Direct contact with foliage or sap may trigger allergic reactions, contact dermatitis, or respiratory symptoms (sometimes referred to as "Christmas Tree Syndrome") in sensitive individuals or domestic animals.

  • Customer Assumption: Customers with known plant, pollen, mould, or pine sensitivities purchase and display real trees with full awareness of these natural characteristics.

  • Pet Safety: Customers are advised to monitor household pets to prevent them from ingesting needles, chewing branches, or drinking stagnant reservoir water containing natural resins.

  • Nothing in this clause limits or excludes our statutory liability for personal injury resulting directly from our negligence.

10. The Festive Handover Experience & Delivery Media

  • Adult Supervision: While our deliveries feature a festive character-led handover, a parent, guardian, or responsible adult aged 18 or older must be present at the door for the duration of the visit. Our team will not engage in handovers or doorstep interactions with unaccompanied minors.

  • Scope of Visit: Deliveries are intended as an interactive doorstep handover and brief greeting. They do not constitute an extended entertainment booking, private performance, or child-minding service.

  • Photographs and Video by Customers: You are welcome to take personal family photographs and videos of the delivery.

  • Delivery Media Captured by Evergreen Elves: For proof of delivery, insurance audit purposes, and to provide your household with a digital keepsake if you are unavailable at the door, our delivery staff may capture brief photos or video footage of the tree placement at your threshold. This media will be sent directly to you via your provided contact details. We will never publicly publish or commercially use any footage depicting you, your family, or your private property without your express prior written consent.

11. On-Site Adjustments and Cutting Services

For health, safety, and equipment reasons, our delivery drivers and performers do not carry saws or cutting equipment and are strictly prohibited from pruning, sawing, trimming, or reshaping trees on-site. All adjustments to trunk length or branches must be carried out by the customer.

12. Cancellations, Returns, and Statutory Rights

  • Perishable Goods Exemption: Freshly cut Christmas trees are classified as perishable goods under the UK Consumer Contracts Regulations 2013 and are therefore exempt from statutory 14-day cooling-off cancellation rights once cut, prepared, or dispatched.

  • Cancellations and Rescheduling: All rules, deadlines, and administrative charges governing order cancellations (including our £20.00 fee for cancellations requested prior to 72 hours), rescheduling fees, and failed delivery charges are set out in our Return & Refund Policy and Shipping & Delivery Policy.

  • Statutory Rights: Nothing in these Terms shall limit or exclude your non-waivable statutory rights under the Consumer Rights Act 2015 regarding goods that are provably defective or damaged prior to handover.

13. Severe Weather and Unforeseen Delays (Force Majeure)

The safety of our delivery team is paramount. In the event of severe weather (including heavy snow, black ice, localized flooding, or official road travel warnings), road traffic collisions, road closures, or vehicle mechanical failure beyond our reasonable control, we reserve the right to temporarily pause or reorganize delivery routes. Where delays occur, we will contact you promptly to reschedule your delivery to the earliest safe opportunity. If an unforeseen event prevents delivery before December 24th, you will be entitled to cancel the order for a full refund.

14. Limitation of Liability

To the fullest extent permitted by English law:

  • Our total aggregate liability to you arising out of or in connection with any order, whether in contract, tort (including negligence), or otherwise, shall be strictly limited to the total purchase price paid for the products and services in that order.

  • We shall not be liable for any indirect, special, incidental, or consequential losses, including loss of enjoyment, disappointment, wasted time, domestic property damage sustained after handover, or third-party costs.

  • Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be legally excluded under English law.

15. Intellectual Property

All content, branding, logos, graphics, text, photographic imagery, video recordings, and other creative materials published on this website are the intellectual property of Evergreen Elves or used with appropriate licence and permission, and are protected by applicable intellectual property and copyright laws. You may not copy, reproduce, scrape, distribute, or exploit any visual, audio, or written materials from this website for commercial purposes without our express prior written permission.

16. Governing Law and Jurisdiction

These Terms of Service and any contractual agreements for the supply of goods or services by Evergreen Elves shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

17. Contact Details

Questions about these Terms of Service should be directed to:

  • Trading Name: Evergreen Elves

  • Business Entity: Matthew Grant trading as Evergreen Elves

  • Postal / Service Address: 173 Station Road, Wythall, B47 6AF, United Kingdom

  • Email: elves@evergreenelves.co.uk

  • Telephone: 07576 451605