TERMS & CONDITIONS
By purchasing goods from oliversplants.co.uk you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this web site. In these terms the following words have the following meanings. the contract for the sale and purchase of the goods; our presence on the world wide web, currently accessible via the address www.oliversplants.co.uk; Olivers Plants Limited (our Company number is 6487691 and our registered office is at Broomfield Farm Nursery Coggeshall Road Earls Colne Colchester Essex CO6 2JX). 1. 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, VAT and delivery costs are set out in the order page. We will confirm acceptance of your order with an email confirmation of order. 1.2 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 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, so long as these variations are not material alterations. 2.1 The quantity, quality and description of the goods will be those set out in your order (if accepted by us) unless quality falls below our standard. 2.2 Orders are accepted at our sole discretion but are normally accepted if the goods are available, the order reflects current pricing, your address is in our delivery area and your payment authorised is for this transaction. 3.1 Our charges for delivery are detailed on the order page and will be included in the total price for the goods. 4.1 We will charge your card for payment once your order is picked and ready for delivery. We accept no liability if a delivery is delayed because you did not give us the right payment details. 4.2 If it is not possible to obtain full payment for the goods from your account prior to 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. 4.3 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. 5.1 We will deliver the goods to the address you specify for delivery with 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. 5.2 We will aim to deliver within the quoted time frame but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended. 6.1 We will prepare your order ready for collection at the agreed collection time. If you are unable to collect at this time you must arrange an alternative collection time with us. Failure to collect on-time will may result in deterioration in quality of your products which Olivers Plants Limited will not be liable whatsoever. 7.1 Risk of damage to or loss of the goods passes to you at the time of delivery. 7.2 You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. 8.1 If you wish to return an item to us, whether it’s because you have changed your mind or there is a problem with it, please contact us with your order number, product description and reason. We kindly request this regardless of the reason for return. Contact the Plant Centre General email: info@oliversplants.co.uk Telephone: 01787 220281 option 1 8.2 To amend or cancel an order please contact us with details of the order you are amending or cancelling. Cancelled orders may still be charged depending on the status of the order and refunds will be solely at the discretion of Olivers Plants Limited. 8.3 If we have sent you something you hadn't ordered, please contact us within 7 days informing us. Our plant centre team will provide information on how to return the item. 8.4 If you receive a product that is defective, please contact us within 7 days informing us of the problem. You can return it within 28 days to get either a replacement or an alternative product of the same value. Some products are covered by a manufacturer's warranty, if this is the case, please contact the manufacturer directly. 8.5 If you receive a plant that you believe is in bad condition, contact us immediately, but no later than 5 days after its arrival. We request that you email us a photograph of the plant so that we can look at the quality of the plant and review. Bear in mind that plants look different depending on the time of year. However, if you are concerned, contact us with a photograph of the plant within 5 days of delivery and our plant experts to assess whether there is a problem. 9.1 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 replacement or an alternative item to the same value of the goods free of charge. 9.2 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. 9.3 These terms and conditions do not affect your statutory rights as a consumer. 9.4 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. 10.1 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. 11.1 All of the written, photographic, 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. 11.2 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. 11.3 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. 12.1 Please click the link https://www.oliversplants.co.uk/privacy/ to read our privacy policy which explains how we will not pass on your details to any third party. 13.1 Please click the link Definitions and interpretation
"Contract"
"the Web Site"
"the Seller", "we", or "us"
1. Basis of the sale
2. Details of the order
3. Price of the Goods
4. Payment terms
5. General delivery
6. Collection
7. Risk and ownership
8. Returns and cancellations
9. Liability
10. Matters out of our control
11. Copyright
12. Privacy
13. Cookies
14. Changes
14.1 We reserve the right to make changes to this web site and these terms at any time.
15. Complaints
15.1 If you wish to complain about any aspect of our service, please email us at info@oliversplants.co.uk
16. Allergies
16.1 Some of our plants may be harmful or poisonous to humans and animals. If seeking medical advice with any concerns use the full name Latin displayed on our website.
17. Governing law and jurisdiction
17.1 These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.
18. General
18.1 Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and contact telephone number and tell us of any changes to them.
18.2 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.
18.3 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.
18.4 The headings in these terms are for convenience only and will not affect their interpretation.