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Pernewood Plants Terms of Sale

(1) Introduction

 

Please read these terms of sale carefully.

 

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

 

(2) Interpretation

 

In these terms of sale, “we” means Pernewood Plants (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

 

(3) Order process

 

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.  No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

 

In order to enter into a contract to purchase products from us, you will need to take the following steps:

 

you must add the products you wish to purchase to your shopping basket and then proceed to the checkout, (ii) you will have the option to change the quantity of the products or remove them, iii) you will then be able to select your delivery, iv) you will enter your details and (if different) the delivery address, v) you will confirm you have read our Terms of Sale and click CLICK HERE TO PAY, vi) you will then be transferred to Paypal who will handle your payment, vii) you will receive an initial acknowledgement of your order from Pernewood Plants and an acknowledgement for your payment from Paypal, viii) once we have checked whether we are able to meet your order, we will email you confirmation of your order or we will confirm by email that we are unable to meet your order and if applicable suggest some alternatives or a full refund.

 

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order online. You may correct those input errors before placing your order by amending and resubmitting your order.

 

We will not file a copy of these terms of sale specifically in relation to your order.  We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

 

The only language in which we provide these terms of sale is English.

 

(4) The products

 

The products consist of any or all of the plants listed on the website (www.pernewoodplants.co.uk) and offered for sale. The products also include any or all plants not listed on the website but specifically sourced and supplied by us at your request and in agreement between us and you.

 

(5) Price and payment

 

Prices for products are quoted on our website.  The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.

 

In addition to the price of the products, you may have to pay a delivery charge, details of which are on the website in the delivery section and in our delivery policy. The delivery charge will also be as stated when you pay for the product.

 

Payment must be made upon the submission of your order.  We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

 

We are not VAT registered and therefore do not charge VAT on our products.

 

Payment for all products must be made by any method detailed on the website from time to time.

 

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

 

(6) Your warranties

 

You warrant to us that:

 

(a)      you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b)      the information provided in your order is accurate and complete; and

(c)      you will be able to accept delivery of the products.

 

(7) Delivery policy

 

We will arrange for the products to be delivered to the address for delivery indicated in your order.

 

We will use our reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation (usually 2-3 working days) or, if no date is set out in our order confirmation, within 14 days of the date of our order confirmation.  However, we cannot guarantee delivery by the relevant date.  We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment or the date of our order confirmation.

 

We will only deliver products within the mainland unless individual specific agreement is reached between us and you.

 

(8) Risk and ownership

 

The products will be at your risk from the time of delivery.  Ownership of the products will only pass to you upon the later of:

 

(a)      delivery of the products; and

(b)      receipt by us of full payment of all sums due in respect of the products (including delivery charges).

 

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee.

 

We will be entitled to recover payment for the products even where ownership has not passed to you.

 

(9) Consumers: returns policy

 

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within the period commencing when the contract comes into force and ending 7 working days after the day you received the relevant products or products (subject to the limitations set out below).

 

In order to cancel a contract in this way, you must give to us written notice of cancellation.

 

If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.

 

If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you).  However, you will be responsible for paying the cost of returning the product to us.

 

If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so.  Similarly, if you return the products at our expense, we may pass that expense on to you.

 

(10) Consumers: statutory rights

 

If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

 

(11) Refunds

 

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

 

(12) Force majeure

 

In this Section and Section 13 below, “force majeure event” means:

 

(a)      any event which is beyond our reasonable control;

(b)      the unavailability of raw materials, components or products; and/or

(c)      power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

 

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

 

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

 

We will take reasonable steps to mitigate the effects of the any force majeure event.

 

(13) Limitations and exclusions of liability

 

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

 

The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale,  including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

We will not be liable to you in respect of any losses arising out of a force majeure event.

 

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

(14) Contract cancellation

 

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

 

(15) Consequences of cancellation

 

Upon the cancellation of a contract in accordance with Section 14:

 

(a)      we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

b)      you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)      all the other provisions of these terms of sale will cease to have effect, except that Sections 8, 13, 15, 17 and 18 will survive termination and have effect indefinitely.

 

(16) Scope of these terms of sale

 

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

 

(17) General terms

 

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use. These terms should be read in conjunction with our delivery policy. All policies are available at the foot of the main page.

 

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

 

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

 

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

 

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

 

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

 

Subject to the first paragraph of Sections 13: these terms of sale read in conjunction with our other terms and policies contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

 

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

 

(18) About us

 

Our full name is Pernewood Plants (Mr K Milbourne, Sole Trader).

 

Our address is Popes Hall Fersfield Road South Lopham Diss IP22 2JY

 

Our telephone number is 07870 495186

 

Our email address is info@pernewoodplants.co.uk

 

We are currently not VAT registered.