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1) We will accept your order on a conditional basis by email. The contract of sale is conditional on the availability of sufficient plants of suitable quality at the time of despatch. In the event that we cannot substantially fulfil your order we will contact you to obtain your confirmation that you wish us to supply the plants we can deliver and to discuss any acceptable substitutions. If you can, please provide us with a mobile phone number. This can greatly facilitate last minute communications prior to despatch of your plants. If we are unable to contact you prior to despatch we will send only the plants ordered which are of an acceptable standard without substitutes
2) We aim to supply all our customers with strong healthy plants. Normally Auriculas will be supplies in 7cm pots, Pelargoniums in 10cm pots, Iris and Hemerocallis bare root, and all other herbaceous plants in 1.3 litre pots. There will be at times variation in size between different plants as is inevitable with a living product. All photographs and information on the website are for purposes of guidance only. While we make every effort to take photos, which truly represent the plant, Colour will not always be 100% true – in particular it is sometimes difficult to accurately represent different shades of red.
3) Plants supplied to you will be true to the names specified by you in the order.
1) Our plants are not subject to Vat as we are farm registered.
2) Our carriage charges are detailed on the order page and are included in the total price of the order and assume delivery within our delivery area. We may be able to supply outside our delivery area subject to agreement on additional delivery charges
1) We will charge your credit card for payment only on the day of despatch.
2) If it is not possible to obtain full payment for the goods from your account on the day of despatch we can cancel the Contract or suspend any further deliveries to you. This will not affect any other rights you may have.
3) We will take reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when ordering from this Web Site, unless this is solely due to our negligence
1) We will deliver the Plants to the Address you specify in your order. Please be accurate about where you would like the plants left if you are out when we deliver. We cannot in principle accept any liablility or loss or damage to the plants once they have been delivered in accordance with your instructions. As a matter of goodwill however we may chose at our own discretion to replace any plants stolen after delivery free of charge. Please note in our experience such thefts are extremely rare.
2) We will attempt to deliver all plants within seven working days. Please bear in mind Pelargoniums cannot be despatched during very cold weather and Bearded Irises are only despatched from the beginning of August till the end of October.
1) Risk of damage to the plants passes to you at the time of delivery to you or if you fail to take delivery at the agreed time, the time when we tried to deliver.
2) You will only own the plants once they have been successfully delivered and when we have received clear payment in full. Goods supplied are not for resale.
1) Except in respect of death or personal injury caused by our negligence, we will not be liable to you for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
2) If you return the plants within fourteen days you will be entitled to a full refund or replacement plants
3) These terms and conditions do not affect your statutory rights as a consumer
4) We will use reasonable commercial endeavour to keep our website up to date. On occasion however plants advertised on the website may be unavailable for despatch. Photographs on the website are there for guidance. Variations in colour shape and size must be expected.
5) The content of the website is directed solely at those who access the site from Addresses within the delivery area.
1) All of the written, design and photographic content of the website with the selection and arrangement of it and all software compilations are our copyrighted property or of the people who have granted us the right to use it and is protected as such. All rights reserved.
2) None of this matter may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.
3) All names, slogans or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trademark is unlawful.
1) emails to you will be to the Address you specify to us. It is important that you give us an accurate and valid email Address and update us if there are any changes to it.
2) If either we or you fail to enforce a right under these terms that failure will not stop us or you from enforcing the other rights or the same type of right on any other occasion.
3) To the extent that any provision of these terms is found by a court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity lawfulness or enforceability of that provision in any other jurisdiction.
4) The headings in these terms are only for convenience and will not affect their interpretation.