Terms and Conditions

SCOTPLANTS LTD – TERMS & CONDITIOJNS OF PURCHASE

Through accessing and purchasing goods or services from Scotplants Ltd, whether on site or via our website to www.scotplants.co.uk or www.scotplants.com, you are entering a legally binding agreement, established subject to the following terms & conditions. You should read and understand these terms as they affect your rights and liabilities, set out and describe the basis for purchase by you and sale by us of the products described.

Definitions and interpretation

In these terms the following words have the following meanings.

Governing law and jurisdiction

These terms will be governed by Scot’s law with any disputes resolved exclusively by the Scottish Courts.

Contract

- the contract for the sale and purchase of the Goods;

Delivery Area

- primarily we are able to supply addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, some remote rural parts of Scotland, Northern Ireland and the Channel Isles for which supplementary charges, principally transportation costs, may apply;

Goods

- this is defined as the range of plants and garden products (including any part supply of the) which are available for purchase from our premises or web site in accordance with the terms set out;

Web Site

- this relates to our presence on the world wide web, accessible at this date via the addresses www.scotplants.co.uk or www.scotplants.com;

Seller details

- scotplants, scotplants.co.uk and scotplants.com are trading names for Scotplants Ltd, Brownhills, Burnhouse, Beith, Ayrshire, KA15 1HH Company registration SC123105, Main contact points are as follows:

Tel: +44 (0)1505 502717 Fax:+44 (0)1505 503321 Email: enquiries@scotplants.co.uk

Web: www.scotplants.co.uk. VAT number 366 7957 89

Basis of the sale

- 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 or on location. The description of the Goods, the price, VAT, insurance and delivery costs are set out in the order confirmation. We will confirm acceptance of your order via e-mail or during the shopping cart check out procedure.

- We seek and will always aim to give you a clear idea of the nature of the plants we sell and suitable conditions for their maximum performance. However there may be slight variations in size, shape and colour between different specimens.

- All descriptions and other information provided e.g. size 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, so long as these variations are not material alterations.

Details of the order

- The quantity, quality and description of the Goods will be those placed and set out in your order as accepted by us subject to confirmation as indicated as basis of the order.

- Orders are always subject to acceptance at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your payment method, credit or account card is authorised for the transaction.

- The Goods which can be ordered via our Web Site are only available for delivery to you if you are based in our Delivery Area as set out in these terms and conditions.

Selling Price of the Goods

- If the price of the Goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will of course have the option of cancelling the order.

- Our charges for transport, packaging and insurance will be detailed on the order page or in separate e-mail and will be included in the total price for the Goods

Payment terms

- Payment will be arranged via confirmatory e-mail and can be by cheque, bank transfer of via debit or credit card with cleared funds required before dispatch of items.

- Where relevant we will charge your credit card account for payment upon dispatch of order unless delivery cannot be fulfilled within one calendar month. Items with a lead time greater than a calendar month will be charged up to 7 days prior to dispatch. We accept no liability if a delivery is delayed because you did not provide the correct payment details.

- If it is not possible to obtain full payment for the Goods from your account on dispatch of the goods we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.

- 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.

Delivery

- 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 the delivery arrives. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.

- Deliveries are typically made by our staff or a courier, dependent on delivery and will be normally delivered between 9.00am and 4.30pm between Monday and Friday. Timed deliveries using the courier service are not available currently however if you have a preferred delivery date or time, please contact us in good time to discuss this. We will always try to facilitate deliveries on a specific day, but this is not always possible and may incur an additional delivery charge e.g. Saturday or out of hours.

- Your delivery will be left in a safe place if you are unable to receive it. Email notification of your delivery is made the evening before delivery is to be made. Deliveries are made using a 48 - 72 hour service, though deliveries offshore or in a limited number of rural locations may take from 2 - 5 days to complete.

- We will aim to deliver within the quoted time frame but delivery times cannot be guaranteed should unforeseen problems arise. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period to arrange an alternative time.

Risk and ownership

- Risk of damage to or loss of the Goods passes to you at the time of delivery to you, being left as pre-arranged or, if you fail to take delivery, the time when we tried to deliver.

- You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full.

Warranties

- Scotplants Ltd aims to provide high quality plants and products to our customers and where the Goods are plants or products not already covered by a manufacturer`s guarantee, they will meet their specification and be free from defects in materials and workmanship at the time of delivery.

- Where the Goods are hardy plants, we warrant that they are covered by a one year guarantee. If the plant should die of natural causes up to one year after they have been delivered, we will replace it free of charge. (Subject to our aftercare instructions).

- We undertake that the goods will be in good condition at the time of delivery and will be of the type ordered, or if that type is not available we will let you know by e mail and, if possible, suggest a suitable alternative which is available. If you do not want the alternative suggested, you will be entitled to order another plant or cancel your order, as you wish.

- The availability, price and colour of plants we sell to you may vary according to seasonal and market availability. We will endeavour to confirm these details when we confirm your order for the plants or prior to delivery. If there have been any material variations, you will have the option of cancelling your order.

Returns

- You can return any products or plants you`re not happy with within 28 days of receiving it provided you have contacted us within 7 days of receipt.

- We will not pay the costs of returning an item to us.

- Until we receive the goods you are returning, they are your responsibility. For your protection and peace of mind, we recommend you use a recorded delivery service to return products or plants to us.

- To get a full refund, simply return the item to us in its original condition, in its original packaging within 28 days of cancellation.

- If the item has been damaged, used or is not returned in its original packaging, we reserve the right to withhold a percentage of the refund value if the item needs to be reduced in price for resale.

Liability

- We accept unlimited public liability for death or personal injury caused by our negligence and hold requisite insurance in this regard with details available on request.

- 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 noted in the returns section you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.

- 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. We shall, however, be liable for losses that you suffer as a result of our breach of contract and that could have been contemplated by both you and us at the time the contract is agreed.

- These terms and conditions do not affect your statutory rights as a consumer.

- We continually seek to improve the Goods, so changes to them may be made at any time. We will use reasonable attempts 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.

- The content of the Web Site is directed solely at those who access the site from addresses within the Delivery Area. We assume no responsibility for the contents of any other web sites to which this Web Site has links.

Matters out of our control
- 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.

Copyright

- All of the written, photographic, design and any 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.

- 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.

- 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.

Changes

- We reserve the right to make changes to this Web Site and these terms at any time.

Complaints

- If you wish to complain about any aspect of our service, please email us at enquiries@scotplants.co.uk

General

- Correspondence or electronic communications to you will be to the address you specify to us. It is important that you give us an accurate and valid contact address and tell us of any changes to it.

- 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 a later occasion.

- To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a 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.

- The headings in these terms are for convenience only and will not affect their interpretation.

- These terms will be governed by Scot’s law and any disputes will be resolved exclusively by the Scottish Courts.

D Boatman Tel: +44 (0)1505 502717

Scotplants Ltd Fax +44 (0)1505 503321

Brownhills Email: enquiries@scotplants.co.uk

Burnhouse Web: www.scotplants.co.uk

BEITH Co regn: SC123105

Ayrshire VAT regn: 366 7957 89

KA15 1HH

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