Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on the website www.britishpondplants.co.uk (Website) to you. Please read these terms and conditions carefully before ordering any products. You should understand that by ordering any of the products, you agree to be bound by these terms and conditions.
This Website is owned and operated by Habitat Aid Limited (We or Us). We are registered in England and Wales under company number 6708769. Your complete satisfaction is very important to Us. If you have any suggestions or comments or if you need to contact Us, please email Us using the contact form or use the details below.
Our Contact details: British Pond Plants Hookgate Cottage South Brewham Somerset BA10 0LQ Phone: 01749 812355
Making a Purchase
Making a purchase could not be easier. Just browse the Website, and add any items that you wish to buy to the shopping cart. After you have finished your selection, click on 'Checkout' and you will be asked for a few details that We need to be able to complete the order.
If you have made a mistake in your order and cannot correct it in the shopping cart, contact Us and We will correct the mistake.
By placing an order through the Website, you warrant that you are:
- legally capable of entering into binding contracts; and
- at least 18 years old.
If you are shopping from outside the United Kingdom (UK), place your order and your card company will convert the transaction to the relevant national currency. Please note, however, that We only ship to the UK (see shipping and handling below).
After placing an order, you will receive an email from Us acknowledging that We have received your order. When confirmation of your order is received, this is to indicate that We have received your order. It does not indicate that a contract exists between you and Us. Your order constitutes an offer to Us to buy a Product. We will indicate acceptance of your order, and hence a contract between you and Us, when We send you payment confirmation (Dispatch Confirmation). The contract between you and Us (Contract) will only be formed when We send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which We have already sent you a Dispatch Confirmation.
The Website contains a large number of Products and it is always possible that some of the Products listed on the Website may be incorrectly priced. We will normally verify prices as part of the dispatch procedures so that, where a Product's correct price is less than the stated price, We will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on the Website, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at an incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
We accept Visa, MasterCard, Maestro, and Paypal. We do not charge for any Product until it is ready for dispatch. This is particularly relevant for plants. Backordered items are not charged until they are shipped. If you do not wish to pay online, you may send your card information via phone, fax or by post.
Shipping and Handling Delivery costs to mainland addresses within England, Wales, and parts of Scotland are included in the price. Except for certain postcodes, all consignments of perishable products are sent on a next day delivery schedule for arrival between 8am and 5pm. There are extra charges for timed or weekend deliveries - please contact Us. Please note that deliveries to parts of Scotland and all offshore locations (Isle of Wight, Isle of Man and the Channel Islands) will be subject to a delivery surcharge and customers requiring delivery to those locations are advised to contact Us in advance of ordering. The amount of any surcharge will vary depending upon the location and Product(s) ordered. We apologise for this added cost but it is due to courier charges. Non persihable products, including seeds, are sent by Royal Mail. We regret that We cannot deliver to addresses outside the UK.
We will endeavour to despatch your order as soon as possible, usually within 10 working days. However, many of the Products are seasonal and this means that when an order is placed out of the relevant Product's season there will be a delay in delivery. Any Product order out of its delivery season will be treated as a back order (see below). Bare root trees, for example, are only available in the winter months, and there may also be a delay in delivery due to adverse weather conditions. Orders placed from March to August will be reconfirmed in September.
You must inform Us within two working days if any Products are lost or damaged in transit so that We can make a prompt claim against the delivery company and correct the problem. Please quote your order number in all correspondence.
You agree that proof of delivery supplied by the delivery company is sufficient evidence to establish that Products have been received.
If your Product is not in stock, We will back order the Product for you. You will always be emailed with the option to cancel your order if you would rather not wait.
Please note that you will be responsible for paying any duties and taxes including the Value Added Tax (VAT) relating to or stemming from the purchase or transportation of the Product. We include VAT of 20% in the price of all our Products where applicable.
Credit Card Security When the order is placed through the Website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.
We believe that all plants are supplied in good condition and are of reliable quality. The Company will not be responsible for their health and welfare after the acceptance of delivery nor will the Company be responsible for the replacement of any plants which fail to grow due to unsuitable soil conditions, adverse weather conditions, vandalism, damage, neglect or any other cause beyond our control. Consignments must be carefully examined on receipt and any complaint notified by telephone within 24 hours and confirmed in writing within 7 days. Our liability for plants supplied is limited, at our option, to the replacement of those plants or to a refund of the price paid.
Limitation of Liability
Please note that although We have taken care to present the Products as accurately as possible on the Website, due to the nature of the Products images on the Website will vary from the actual Products.
Some of the Products are not suitable for children. Children must be supervised by an adult at all times whilst using the Products. We do not accept any responsibility for any injury or damage caused whilst Products are being used by children unsupervised unless such injury or damage can be shown to have been caused by our negligence.
We promise you that any Product purchased from Us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of Us breaking any Contract is strictly limited to the purchase price of the Products purchased under that Contract.
Nothing in these terms and conditions limits in any way our liability:
" for death or personal injury caused by our negligence;
" under section 2(3) of the Consumer Protection Act 1987;
" for fraud or fraudulent misrepresentation; or
" for any matter for which it would be illegal for Us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even in foreseeable, including, without limitation, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, or waste of management or office time.
We do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will be required not disclose any of the details to any other third party.
Data collected by this site is used to:
- take and fulfil customer orders;
- administer and enhance the site and service; and
- disclose information to third-parties for goods delivery purposes.
Returns Policy Your right to return the Products are protected under the EU Distance Selling Directive.
You are entitled to cancel your order and return the Products within 7 working days for a full refund, including the cost of delivery. Do this by contacting Us by email or telephone and quoting the order number supplied to you. Your refund will be paid within 30 days. You are responsible for the cost and risk of loss or damage when returning the goods, so you should take out enough postal insurance to cover their value. This cancellation policy does not affect your rights when We are at fault (for example, if goods are faulty or mis-described).
Any goods returned, other than those which are faulty, should be returned in a saleable condition.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control (Force Majeure Event). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under any Contract may be performed despite the Force Majeure Event. Written communications When using the Website, you accept that communication with Us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to Us must be given to the postal address stated above. We may give notice to you at either the email or postal address you provide to Us when placing an order or on our Website. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Any Contract between you and Us is binding on you and Us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Third Party Rights
A person who is not a party to this agreement shall not have any rights under or in connection with it or by virtue of the Contracts (Rights of Third Parties) Act 1999 except where such rights are expressly granted. Notwithstanding the foregoing the rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement is not subject to the consent of any person that is not a party to this agreement.
If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by Us of any default shall not constitute a waiver of any subsequent default. No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and Us, whether oral or in writing.
Each party acknowledges that, in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other party or can be implied from anything said or written in negotiations between the parties prior to such Contract except as expressly stated in these terms and conditions.
Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify Us to the contrary within seven working days of receipt by you of the Products).
Law and Jurisdiction Contracts for the purchase of Products through the Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales. Nothing in these terms and conditions limits the right of to bring proceedings against you arising out of or in connection with your use of the Services in any other court of competent jurisdiction or concurrently in more than one court of competent jurisdiction.
None of these terms affect your legal rights and these are not diminished in any way. If any term is held to be invalid under any applicable statute or rule of law, that term is automatically omitted from the terms to minimum extent necessary to comply with the law and without affecting the validity or enforceability of the remainder.