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Terms & Conditions
Hanging Baskets Direct Terms and Conditions of Business.
NONE OF OUR TERMS AND CONDITIONS AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
These terms describe the basis for purchase by you and sale by us of the products described on this web site:
Definition and Interpretation
In these terms the following words have the following meanings:-
The contract for the sale and purchase of the goods.
Only addresses within the United Kingdom, but excluding the Isle of Wight, The Isle of Man. The Southern Isles, parts of Scotland, Northern Ireland and the Channel Isles.
The range of plants and garden products (including any instalment of the goods or any parts of them) which are available for purchase form our website in accordance with the terms.
Our presence on the world wide web, currently access via the address
The Seller, we or us
Garden Direct and our registered office is at Farmcote Gardens Bridgnorth, Shropshire, WV15 5PS.
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. The description of the Goods, the price and delivery costs are set out in the order page. We will confirm acceptance of your order on-screen.
We aim to give you 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 specimens. Illustrations, descriptions and other information as to particular plant and materials are approximate and for guidance only. It is not normal for the plants we despatch to be in flower - however, images of products in bloom are illustrative of what the flowers should look like, once the plant is fully grown. We reserve the right to remove, modify or change without notice any information on this website form time to time. We may also change these conditions at any time by posting notice of the changes on the website. If you use the website after any changes have been made you will be bound by the new conditions. You should therefore ensure that you read the conditions each time you use the website. If you do not agree to the conditions then you must immediately stop using the website.
Details of the order
The quantity, quality and description of the Goods will be those set out in your order (if accepted by us) and we reserve right to substitute sizes larger or smaller to fulfill the order and if significantly different will increase quantity for you to compensate. Orders are accepted 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 for our standard delivery price structure and your payment system is authorized for the transaction. The Goods which can be ordered via our website are only available for delivery to you if you are based in our Delivery Area.
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 email that the new price is acceptable. If it is not acceptable the order can be cancelled. Our charges for transport, packaging and insurance are detailed on the order page and will be included in the total price for the Goods.
Payment for Goods/Services will be charged to your credit card account upon receipt of order. We do this to avoid problems of cards no longer being valid at the date of delivery and to reduce administration costs when orders are fulfilled in stages. If any items are not available we will offer an alternative or you can have a refund for the item by the same method as you paid for the item. We accept no liability if a delivery is delayed because you did not give us the right payment details.
If it is not possible to obtain full payment for the Goods when arranged for on delivery of the Goods to you, 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 unauthorized access to any data, including credit and account details you provide when accessing or ordering form this website, unless this is solely due to our negligence.
We will deliver the Goods to the cardholders registered address. We will not be able to deliver to third parties to reduce the risk of credit card fraud. 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. If you are not in when the delivery is attempted the courier will leave a calling card so that you can arrange delivery for a more convenient time. Each time you do this the Courier Company charges a fee which is at present £5. Whilst we are happy to pay this for the first time we will not be able to absorb any additional charges and we will have to charge for a redelivery. This charge will only be the rate charged for the redelivery by the courier we will not charge additional administrative costs incurred by ourselves to keep the costs down for you. We ask you to provide us with a contact phone number upon making an order that we can give to the courier in case they are having trouble finding you. We will not give your number to third parties.
We are not able to guarantee delivery times. If delivery is delayed due to any cause beyond our reasonable control, you will be contacted 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 or, if you fail to take delivery at the agreed time Delivery is deemed to have taken place at the time when the delivery is first attempted at the delivery address provided by you in accordance with any delivery instructions.
You will own the goods as soon as delivery has taken place and we have received cleared payment in full. Goods supplied are not for re-sale.
You can cancel or change any of your current orders prior to despatch by email -firstname.lastname@example.org If you wish to cancel your order after delivery we need to be contacted by email within 3 working days of receipt of the goods and in writing within 7 days of the date of delivery. You are entitled to refund or replacement, subject to conditions.
The customer is responsible for returning the item to us and all postage costs. The goods must be returned sealed and in a re-saleable condition.
You do not have a right to cancel your order after delivery where it relates to Perishable Products. This relates to all our plug and plant products: Garden Ready Plugs, Jumbo Garden Ready Plugs and Potted Ready Plants and Garden Ready Plants. At our discretion we may provide a replacement in respect of perishable products but following the return of the product to us and being received by us. The customer is responsible for all postage costs including returning the item to us.
Damages/ Faulty Products/Returns/Non-receipt
All claims for damages must be made within 3 days of receipt of goods. If you recieve a damaged item just return by most economical courier to BBreturns Bridgnorth Shropshire WV15 5PS and we will refund postage and replace for you by return.
Items received damaged or opened from the Courier must be signed for as damaged/opened over the signature box or as directed by the Courier driver.
Your delivery is fully insured for loss or damage during transit. If your item arrives damaged just return and we will be able to take appropriate action. All claims for damages must be made within 3 days of receipt of goods. Damages correctly notified will be replaced on return of the damaged goods.
We will send you a despatch confirmation email when your order has been despatched. If you do not receive your order within 10 working days then please forward a non-receipt confirmation email. You will also need to confirm your name and address details in your email. We will then conduct a parcel trace enquiry with the courier company.
We obtain a certificate of posting at the time of despatch for all orders and in the event of a claim for non receipt we will forward to you this certificate with the claim form for refund direct from the courier. Royal Mail will not consider a lost item claim until 15 days after due.
We aim to provide high quality plants and products to our customers. Some products are covered by a manufacturer's guarantee. They should meet their specifications and be free from defects in materials and workmanship at the time of delivery. If a claim needs to be made against a manufacturers guarantee then this will be between the customer and the manufacturer. We would like to be notified of any claim you make in relation to this and we will contact you to find the outcome of the claim. In order for us to offer and maintain quality products in our website we always try to ensure a high customer satisfaction record.
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.
All products are checked by hand then scanned and weighed before despatch to ensure they are in good condition. We check that plants are free of disease continually and again before dispatch to ensure that all items sent are healthy at the time of delivery and true to type. If we make any mistakes concerning your purchase then we will correct the error at the earliest opportunity. This guarantee is in addition to your normal statutory rights.
Some of the products we sell such as hanging baskets, patio containers, co-ordinated brackets are made using natural products and traditional techniques. Please do not assume that they will have the precision or consistency of machine made products.
If you have a valid claim in respect of any Goods which have a material defect in their quality or condition and you have returned the goods within the agreed time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.
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 website up to date but the information and specifications given are for your information and guidance only and are subject to change without notice.
Pictures on the website are generally accurate but variations in colour, shape and size must be expected.
The control of the website 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 site to which this website has links.
We will not be liable to you or in breach of Contract for delay or failure to perform due to causes beyond our reasonable control.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) however so arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in questions.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Copyright and Intellectual Property
All of the written, photographic, design and audio content of the website together with the selection and arrangement of it 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. You may not copy, reproduce, modify, distribute, commercially exploit, publish, re-sell, display, post or transmit any part of this website without our written permission.
All names, logos, slogans, or other phrases may be a trade mark of our or another person or corporation. Any unauthorized use of a trade mark is unlawful.
We may make available on this website Variety Products under licence from the breeders of Variety Products. You should be aware that any propagation by cutting taken from a product sold on our website may infringe breeders' rights. You agree that any such propagation from products sold to you will be entirely at your own risk and without any responsibility or liability to you on our part. Propagation of plants protected by Plant Breeders' Rights without a licence is illegal.
Hanging Baskets Direct are committed to protecting your privacy and the information we collect is for 2 reasons; firstly to process and deliver your order and secondly, to provide you with the best possible service.
We will not email you except in connection with your order or query unless you are on our mailing list. We will not supply any of your details to any third party except to process your order or required by law. The information we will collect about you will include your name, address, phone number, email address, goods ordered and payment details. You can check the information that we hold about you be emailing us - if you notify us of any inaccuracies we will correct the errors.
We reserve the right to make changes to this website and these terms at any time.
If you wish to complain about any aspect of our service, please email us within 7 days of receipt.
Email to you will be to the address you specify to us. It is important that you give us an accurate and valid mail 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 form 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 on 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.
Governing Law and Jurisdiction
These conditions and your use of this website are governed by and construed in accordance with the laws of England and Wales any disputes will de decided only by the Courts of England and Wales.