Terms and Conditions of Sale
OUR TERMS AND CONDITIONS (ONLINE SALES)
By purchasing from Primrose Hall Peonies you agree to the terms and conditions set out below and enter into a legally binding agreement with us. Please read the following terms and conditions carefully before placing your order.
Note that plants are perishable, live products and must be properly looked after and cared for at all times to maintain a healthy and good condition.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products (goods) to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Herbert White & Sons Limited (trading as “Primrose Hall Peonies”) a company registered in England and Wales. Our company registration number is 08438470 and our registered office is at Dingley Dell, Toddington Road, Westoning, Bedfordshire MK45 5AH. Our registered agricultural flat rate certificate number is 017 9574 93. Our plant passport registration is GB 129802.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01525 878924 (between 09:30 and 12:30 Monday to Fridays, except Bank Holidays) or by writing to us at Primrose Hall Peonies, Dingley Dell, Toddington Road, Westoning, Bedfordshire MK45 5AH or by sending an email to firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
ORDERS PLACED WITH BEDFORDSHIRE BOTANICS LIMITED
2.5 Bedfordshire Botanics Limited (“BBL”), has created and provided a range of high-quality, wonderful gift and homeware products. When you order a product from BBL please note:
2.5.1 the legal contract is made between you and BBL;
2.5.2 these conditions apply to such contracts and all references in these Terms and Conditions to we us or our shall be deemed to refer to BBL in that context;
2.5.3 you should refer to any specific terms and product descriptions noted on the product page;
2.5.4 gift and homeware products can only be delivered in the UK;
2.5.5 Herbert White & Sons Limited act as payment service provider to BBL and you authorise Herbert White & Sons Limited to process payments on behalf of BBL;
2.5.6 Although the Herbert White & Sons Limited customer services team will aim to assist you with any issues or queries you may have, to the fullest extent permitted by law Herbert White & Sons Limited has no responsibility to you in respect of contracts made with BBL; and
2.5.7 Herbert White & Sons Limited hereby disclaims to the fullest extent permitted by law any express or imlied warranties in respect of the products sold by BBL and cannot give any undertaking that goods you purchase from BBL will be of satisfactory quality. This disclaimer does not affect your statutory rights against BBL.
2.5.8 Bedfordshire Botanics Limited is registered in England and Wales with company number 10436051 at Connected Accounting, 2 Victoria Square, Victoria Street, St. Albans, United Kingdom AL1 3TF.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because of crop failures, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. This website is solely for the promotion of our products in the UK. For orders to be delivered to addresses outside the UK please contact us for our terms and conditions for international orders and shipping.
4. OUR PRODUCTS
4.1 Products available for purchase. The products available for purchase are those on our website, https://www.primrosehallpeonies.co.uk. A full description, quantity and quality of the products is set out on our website including details of price and delivery costs. Further details are available on the individual product pages of our website.
4.2 Products may vary slightly from their pictures and descriptions. Plants are natural products and will therefore alter slightly in size, colour and shape and with the changing seasons and weather patterns. Although we do our best to ensure that the information provided (including text and images) is as accurate and complete as possible, it is inevitable that there will be some variations from time to time. Our information (both text and images) can only be considered approximate and for guidance only. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.4 Plant Breeders’ Rights. Some plants may have plant breeders’ rights (PBR) and other restrictions on their propagation and/or use and you are permitted to use the products for personal enjoyment only. You are not permitted to re-sell the products.
4.5 Gift vouchers. Gift vouchers are sold and redeemed on the basis of the following:
(a) Gift vouchers will be delivered by post to the address specified by you at the time of order. We will not be responsible for gift vouchers dispatched to someone other than the intended recipient where the delivery address has been incorrectly provided to us;
(b) All gift vouchers have a unique redemption code and are valid for 12 months from the date of issue and will expire thereafter. Any unused balance on a Gift Voucher must be used within 12 months from the date of issue of the gift voucher (the date of issue is printed on the Gift Voucher) and no change will be given in respect of unused Gift Voucher balances;
(c) Gift vouchers cannot be exchanged for cash and have a nominal value of £0.000001;
(d) Gift vouchers may only be redeemed against products purchased on our website www.primrosehallpeonies.co.uk and products purchased in the same currency as the Gift Voucher. We reserve the right to restrict the use of gift vouchers to specific products at any time at our sole discretion;
(e) Where a product purchased with a gift voucher is returned, monies owing to you will be refunded by gift voucher;
(f) We will not be responsible where a gift voucher is lost, stolen, destroyed, damaged or used without permission. We will not provide replacement gift vouchers in these circumstances;
(g) offers, discounts and promotions do not apply to the sale of gift vouchers;
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 - Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements, for example in relation to plant passporting and bi-security; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
(a) Substitution. The products currently for sale on our website are available in our nursery. However from time to time when we pick your order we may find that there is a quality issue with the plant that you have chosen. This does not happen often but if it does, we may substitute another plant of equal value which is of a similar colour and growth habit.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website. We will deliver the products to the delivery address specified in your order.
7.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible and usually within 28 days after the day on which we accept your order. For goods that are not immediately available (such as goods on Back-Order) we will take payment at the time you place the order and dispatch the product/s between April and May (subject to growing season conditions). If you have concerns relating to back-order deliveries please contact us and we will advise you of our production cycle and expected release date for relevant crops. Our delivery times are estimates only and are not guaranteed.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 09:30 to 13:00 on weekdays (excluding public holidays).
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot you may be charged for the cost of providing replacement products (where the product is a live plant) storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.7 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 7.7 or Clause 7.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01525 878924 (between 09:30 and 12:30 Monday to Fridays, except Bank Holidays) or email us at email@example.com for a return label or to arrange collection
7.10 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.11 When you own goods. You own a product which is goods once we have received payment in full.
7.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes for example where we have suffered a crop or batch failure;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see Clause 6).
7.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 12 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 12.6). As well as suspending the products we can also charge you interest on your overdue payments (see Clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.7.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming product substitution, change to the product or these terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 12 weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days (for perishable products, 7 days) and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Primrose Hall Peonies of Dingley Dell, Toddington Road, Westoning, Bedfordshire MK45 5AH to its UK customers, which is more generous than your legal rights. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see Clause 11.2). Our guarantee relates only to the sale of plants which we guarantee will be healthy, free from pests and diseases and well-rooted. We will offer a replacement plant (of the same variety or cultivar and similar maturity where possible and where this is not possible an appropriate alternative variety or cultivar of our choice) if your plant fails (that is to say, dies) within 5 years from the date of purchase subject to the following:
(a) Plants are perishable, living products and require appropriate care and maintenance to ensure that they are healthy and will thrive. We do not guarantee that your plant will flower. Once we have delivered a plant you are responsible for its care and maintenance. We provide detailed planting and care instructions with each purchase and additional care information is available on our website. Failure to comply with these instructions will invalidate this guarantee;
(b) Our guarantee does not cover damage or failure arising due to circumstances beyond our control. For example damage arising from your care or lack of care or from diseases or pests not present in the plant at the point of delivery, physical damage to the plant or damage caused by incorrect use of chemicals such as fertilisers, pesticides, herbicides or insecticides or by adverse weather or other environmental factors.
(c) Our guarantee is to provide one replacement plant. We will not accept additional claims.
(d) We may require evidence of date of purchase (such as an order number or sales receipt) and photographs of the plant in your garden before determining whether you have a valid claim under our guarantee.
(e) We may require you return the plant and/or provide a soil sample to determine the cause of any failure. If we do request that you return the plant and/or a soil sample we will arrange a courier to collect the plant/soil sample from you at our cost.
(f) Our determination of a suitable replacement plant and which variety or cultivar to supply is final.
(g) We reserve the right to reject your claim under this guarantee if we consider that the failure is due to circumstances beyond our control or for any other reason in our sole discretion.
(h) Herbaceous perennial plants will appear to die off every winter before re-emerging every spring. You should not therefore do anything which may damage the root-system of the plant during the plant’s dormant period in the winter.
(i) Although we expect our products to be delivered to you in good condition unfortunately, from time to time, plants can become up-turned, foliage can be damaged and soil can become loose during transit. Whilst this is not desirable it is not generally detrimental to the long-term health and viability of the plant and will not give rise to a claim under our guarantee.
8.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of purchases of gift vouchers.
8.6 How long do I have to change my mind? For goods that are perishable, such as plants, you have 7 days after the day you (or someone you nominate) receives the goods. In all other instances, you have 14 days after the day you (or someone you nominate) receives the goods
8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.8 Perishable product. If you wish to end the contract for one of the reasons set out in Clause 8.1 above please note that because plants are a live product and are therefore perishable you must take reasonable steps to look after them and return them to us in good condition. You must immediately open any packaging, ensure that the plants have access to light, air and are regularly watered (being careful not to over water the plants) and generally comply with our care instructions, a copy of which is usually included in the packaging but is also available here. See Clause 9.2 below.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email customer services at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website.
(c) By post. Simply write to us at Primrose Hall Peonies, Dingley Dell, Toddington Road, Westoning, Bedfordshire MK45 5AH, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Primrose Hall Peonies, Dingley Dell, Toddington Road, Westoning, Bedfordshire MK45 5AH. Please call customer services on 01525 878924 (between 09:30 and 12:30 Monday to Fridays, except Bank Holidays) or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must return perishable goods (for example plants) within 7 days of receiving them and for all other goods within 14 days of receiving them. Please note that because plants are a live product and are perishable you must take reasonable steps to look after them and return them to us in good condition. You must immediately open any packaging, ensure that the plants have access to light, air and are regularly watered (being careful not to over water the plants) and fully comply with our care instructions, a copy of which is usually included in the packaging but is also available here. If you are in any doubt, please contact us immediately for advice. Any damage or diminution in quality whilst plants are in your care and/or whilst in transit being returned to us is your responsibility. You must ensure that plants are packaged safely for transit. Failure to return the plants to us in good condition may affect the amount of any refund due to you.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are unhealthy or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will usually be the same as our charges for standard delivery, see delivery and returns. Please note that where delivery is arranged for a specified day and the collection is not made by our courier because the plants are not ready, the packaging is inadequate or you miss the agreed collection date we may charge you for the costs of the aborted collection: this is usually around £65.00.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See Clause 9.2 above. We will not process any refunds before we are able to inspect the goods and may reduce any refund to reflect the quality of the product when returned to us.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due (in most cases payment will be due prior to dispatch of goods) and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) we suffer a significant crop or batch failure and cannot supply the product.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01525 878924 (between 09:30 and 12:30 Monday to Fridays, except Bank Holidays) or write to us at firstname.lastname@example.org or Primrose Hall Peonies, Dingley Dell, Toddington Road, Westoning, Bedfordshire MK45 5AH.
11.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us within 7 days for perishable goods and for all other goods within 14 days. We will pay the costs of postage or collection. Please call customer services on 01525 878924 (between 09:30 and 12:30 Monday to Fridays, except Bank Holidays) or email us at email@example.com for a return label or to arrange collection. Plants are live products and you must therefore properly look after the plants until they are safely returned to us. Failure to do so may affect any refund.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes VAT if applicable but excludes delivery costs) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the applicability and/or rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards (except American Express). You must pay for the products before we dispatch them. We will usually charge your credit or debit card at the time you place your order on the basis that the product/s will be dispatched within 30 days.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12.7 Discount codes and promotions. Discount codes and promotions are made at our sole discretion and can be withdrawn at any time without notice. Discount codes and promotions may not apply to all products and will be for a limited period, we will make the individual terms and conditions of use of promotions, discount codes and offers available from time to time. Discounts and promotions specifically cannot be used in connection with gift vouchers and/or delivery charges.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 11.2; and for defective products under the Consumer Protection Act 1987
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 Loss or damage arising from your failure to arrange re-delivery of the product or for delivery made in accordance with your delivery instructions. We will not accept liability for damage or loss arising from your failure make arrangements to collect or have the product re-delivered within 24 hours where you were not home to receive the original delivery or for deliveries made in accordance with your delivery instructions (for example if you ask us to leave the product with a neighbour or behind a gate). Remember that plants are live products and must have air, light and water to survive and will not survive in pristine condition in a sealed box.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at Clause 8.4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. 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 contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.