These terms and conditions govern the relationship between you (the donor) and us (the National Forest Company, company number 02991970 (“National Forest”, “us”, “we”) for the provision of our e-dedication service through which you can dedicate the planting of a new tree (the “Dedication”).
1. Our Contract with You
The placing of an order by you constitutes your offer to make a donation on these terms and conditions (as amended from time to time) but does not constitute the creation of a contract. We have complete discretion over whether to accept such an offer and reserve the right to decline to process an order for any reason whatsoever and provide a full refund. The agreement between you and us will be entered into once we have accepted your offer to donate and make a Dedication, processed your order and received your donation.
2. The Dedication
By donating and accepting a Dedication, you will be entitled to:
(a) receive a personalised online dedication certificate (the “Certificate”); and
(b) have a tree planted by us on your behalf on our land (all of which have a public right of visit).
The descriptions of the Dedication and any trees to be planted given on our website and in any other literature are only intended to present a general idea of those items and shall not be considered binding. In particular, photographs are for illustrative purposes only and do not form part of any agreement between you and us.
We cannot be held responsible for any descriptions by any third parties or on any third party or agent sites.
Please note that by donating and receiving a Dedication you are only entitled to receive an online Certificate to acknowledge your donation and the right to have a tree planted by us on your behalf. Your donation will contribute to our key charity objective of woodland creation and management. You will not receive or be entitled to receive ownership rights in any of the trees planted in the National Forest.
We cannot guarantee that we will always be able to plant your preferred species. This is because the National Forest Company plants a selection of different species each planting season to ensure that biodiversity is maximised across the forest. If capacity is reached for your preferred species, we reserve the right to substitute your preference for one of the alternative species selected by our foresters, without notification of such a change.
3. The Certificate
At the time of placing your order you will be asked to provide certain information to produce a personalised Certificate.
Following the completion of your order and receipt of your donation, you will be given a link to download your Certificate. We will ensure that the Certificate is as described on our website, is fit for purpose and is of satisfactory quality.
If you have any problems in either completing the Certificate order or accessing the link to download the Certificate, you must let us know as soon as reasonably possible by using the Contact Us form. Further information on completing your order is also available on our E-Dedication / Dedicate a Tree page.
By making a donation and accepting a Dedication you agree to:
(a) accept full responsibility for the message(s) you insert into your Certificate; and
(b) to not use any language or content of any kind in the Certificate which could be considered offensive, threatening, racist, abusive, defamatory, obscene, indecent, unlawful or otherwise intended to harass or distress any third party.
We will not be liable for any wording used by you in your personalised Certificate which is contrary that permitted under these terms and conditions.
4. Your donation
Your donation will be the amount indicated on the order pages when you placed your order.
We currently accept payment via Debit or Credit Card (via WorldPay or Paypal) or Paypal and you will directed to the relevant payment website to make your donation at the time of placing your order.
5. Gift Aid
When you donate to us through our website and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time, we can reclaim Gift Aid.
It is your responsibility to determine whether you qualify for Gift Aid and we are not able to provide any form of legal, financial or taxation advice in this regard.
Further information on Gift Aid can be found at https://www.gov.uk/claim-gift-aid.
6. Cancellation by You
If you have any issues with the Certificate or if you wish to cancel your order at any time, please contact us as soon as possible using the agreement details below.
Please note we will only offer refunds for your donation and Dedications once ordered if:
(a) you have been unable to download your certificate, and we are not able to provide you with your download upon contacting us; or
(b) if you can show that the Certificate was corrupt, faulty or otherwise materially defective when downloaded or provided.
As a registered Charity, we are subject to regulation by the Charities Commission for England and Wales under The Charities Act 2011. As a rule, Charities are not permitted to refund any donations. However there may be exceptional circumstances.
7. Cancellation by Us
We may cancel our agreement with you for the provision of the Dedication at any time by writing to you if:
(a) you do not make a donation to us when it is due or any donation to us from you is returned, refunded or rejected by your Bank; or
(b) you otherwise breach these terms and conditions.
If we end the agreement for any of these reasons we will refund any donation you have made in advance for the Dedication we have not provided but we may deduct or charge reasonable compensation for the net costs we incur as a result of your breaking the contract. Acceptance of all donations and our decision to make a Dedication will always remain at our discretion.
8. Our Liability to You
We do not exclude or limit our liability to you where it would be unlawful to do so, including:
(a) for death or personal injury caused by our negligence or the negligence of our employees;
(b) for fraud or fraudulent misrepresentation; or
(c) for a breach of your legal rights as a consumer to receive products (a Certificate) which are as described, of satisfactory quality and fit for their intended purpose.
Subject to the above, our total liability to you in respect of all other losses arising under or in connection with the provision of the Dedication shall in no circumstances exceed the donation made for the Dedication and any reasonably foreseeable losses you incur.
We will not be liable for any loss:
(a) resulting from you using the Certificate for a purpose other than that for which it is intended;
(b) for any damage the Certificate may cause to any of your devices or other digital content (or those of any third party);
(c) resulting from circumstances beyond our reasonable control; or
(d) incurred by you or any third party in the course of business.
9. General
This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
All personal information that you provide to us from time to time will be collected, managed and processed in accordance with our Privacy Policy. For further details please visit our Privacy Policy page.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can only bring legal proceedings in respect of the products in the English courts.
