TERMS AND CONDITIONS
Registered Company Number: 11084014
This website is operated by Plants and Garden. Whilst we endeavour to provide the highest quality of service, we recommend that you read the terms and conditions listed below as they affect your rights and liabilities as a consumer. By visiting our site and/or purchasing something from us, you agree to be legally bound by the following terms and conditions and accompanying policies.
These terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content. We reserve the right to update, change, or replace any part of these Terms of Service and 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.
Our store is hosted on Shopify Inc., who provide us with the online e-commerce platform that allows us to sell our products and services to you.
We understand and respect the importance of your privacy. We will never sell customer information stored with us to any third parties and we will only contact you in relation to the Service we provide to you. We endeavour to take all reasonable measures to ensure that your data is secure, however we cannot guarantee the safety of your data.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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.
Terms and Conditions
1. Online Store Terms
1.1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. Contract, Definitions and Interpretation
2.1. Contract - the contract for the sale and purchase of Goods governed by the Sale of Goods Act 1979.
Delivery Area – includes all areas of the UK subject to legal restrictions and at costs detailed in our delivery details supplied in the ‘Info’ section of the Plants and Garden website.
Goods – the range of plants and products that are available for purchase from Plants and Garden, in accordance with the terms.
The Seller, we, or us:
“Plants and Garden” is the trading name for Plants and Gardens Limited, trading via the Internet website www.plantsandgarden.co.uk. We are not VAT registered. Our registered office is located at 5 Forbes House, 370 Romford Road, London, E7 8BF. Please note that this is a correspondence and administration address, we cannot accept any customer returns to this address (please see product delivery labels)
2.2. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. Basis of the Sale and Representation of Goods
3.1. An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our Web Site. The description of the Goods, the price and delivery costs are set out on the relevant product pages and order review page. We will confirm acceptance of your order on-screen and by email.
3.2. We aim to give you, the customer, a clear idea of the nature of the plants we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour between different product items. Illustrations, descriptions and other information as to particular plants are approximate and for guidance only. We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, the customer so long as these variations are not material alterations.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
3.3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
3.4. 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
3.5. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We will of course make every effort to provide a high quality service in every capacity.
4. Details of the order
4.1. The quantity, quality and description of the Goods will be those set out on the relevant product pages and in your order summary, if accepted by us.
4.2. Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based within the our Delivery Area and your credit/debit card or paypal account is authorised for the transaction.
4.3. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5. Price of the Goods and Availability
5.1. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The price of the Goods on the website are displayed in British pounds (£). Prices may fluctuate from time to time and are subject to change without notice. We have taken reasonable precautions to ensure that prices quoted on the website are accurate and have been fairly described. Plants and Garden reserves the right to cancel any order due to errors.
5.2. Our charges for transport and packaging are detailed on the order review page and will be included in the total price for the Goods. Tax is also included in the final price and order review page.
5.3. Sale and dispatch of Goods is subject to availability and may be withdrawn at any time. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
5.4. Availability of plants can be affected by climate change and other factors; information on general plant availability seasons are provided on product pages. In the case for plant goods, orders may be accepted but not dispatched until the plant is in a suitable condition. You, the customer, will be re-notified of this upon completion of order.
5.5. If a price of a product increases between the point of you placing the order and us accepting your order, generally we will honour the original price. If there is an error regarding this, the customer is required to notify us so that order transactions can be rectified.
5.6. Offers and discounts codes can be altered or withdrawn at any time. Offers and discounts codes may be subject to certain criteria related to maximum or minimum spend, and may be single use. Offers and discount codes cannot be used in conjunction with any other offer from Plants and Garden.6. Payment terms
6.1. Your credit/debit card or paypal account will be charged for payment upon our receipt of your order. Our website uses a cart and payment system provided by Shopify.
6.2. We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
7. Order Fulfilment, Delivery, Returns and Cancellations7.1. Charges for delivery are made according to the Customer’s delivery address.
We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
7.2. We will aim to deliver within the quoted time frame but delivery times are not guaranteed. Delivery may be delayed due to any causes beyond our reasonable control.
7.3. If your order cannot be fulfilled we will let you know at the earliest convenient opportunity, offering you a similar alternative product or refunding the value of the goods purchased. Substitutions for similar items may be made at the discretion of the supplying nursery and/or provider in circumstances where stock availability may be adversely affected.
7.4. Unless agreed in advance, all costs for returns will be non-refundable. Please read our Info section on the website for more details.
7.5. Request for cancellation of an order must be made clearly, and in good time (at the earliest convenience of the customer, and preferably at least 7 days prior to the despatch of an order).
Orders that have already been put on the picking list cannot be cancelled, as such orders will have already been prepared for despatch.
As Plants and Garden works alongside the nursery and other suppliers as separate entities, there is a logistic and administrative process involved that means cancellation requests may sometimes require extra lead time and we orders cannot be cancelled immediately. In such instances Plants and Garden will fully endeavour to meet the customer's requirements, however in some instances it may sometimes not be possible to successfully do so.
Please accommodate this information whilst submitting your request.
7.6. Once acknowledged by both parties, the cancellation and refund process may typically take approximately 2-5 working days to complete, however the allowed period in which a refund is fully completed can be up to 14 days.
Please note that all refunds may be subject to a cancellation fee of 5% of the total order amount. Refunds have a direct impact on the finances of small businesses and this fee recoups direct costs that are incurred by us as a result of cancellations.
8. Risk and ownership
8.1. Risk of damage to or loss of the Goods 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.
9. Optional Tools
9.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
9.2. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
10. Third-Party Links
10.1. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.2. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. Errors, Inaccuracies and Omissions
11.1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
11.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated
12. User Comments, Feedback and Other Submissions
12.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
12.2. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. Prohibited Uses
13.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14.1. If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Goods within a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.
14.2. We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer.
14.3. These terms and conditions do not affect your statutory rights as a consumer.
14.4. We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the Web Site up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the Web Site are generally accurate but variations in colour, shape and size must be expected.
14.5. The content of the Web Site is directed solely at those who access the site from addresses within the UK.
14.6. We assume no responsibility for the contents of any other web sites to which this Web Site has links.
15. Accuracy, Completeness and Timeliness of Information
15.1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
16. Matters out of our control
16.1. We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.
17.1. All of the written, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.
17.2. None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.
17.3. All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.
18.1. You agree to indemnify, defend and hold harmless Plants and Garden and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
19.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
20.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
20.2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
21. Entire Agreement
21.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
21.2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
21.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
22. Governing Law
22.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Flat 5, 370 Romford Road, London, UKM, E7 8BF, United Kingdom.
23. Changes to Terms of Service
23.1. You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
24. Contact Information
24.1. Questions about the Terms of Service should be sent to us at: email@example.com.