Terms – for all Products other than wild flower turf

 

Wild Flower Lawns and Meadows Ltd

 

Please read these Terms carefully before you submit your order to us. Our Terms set out who we are, how we will provide products to you, how you and we may alter and/or end our contract, what to do if there is a problem, and other important information. If you think that there are any mistakes in our Terms, please bring this to our attention immediately.

 

We are Wild Flower Lawns and Meadows Ltd, company registration number 12895409, with registered office at Downsview Farm, North Corner, Horam, East Sussex, TN21 9HJ. Our registered VAT number is 364 4129 01. You can contact us by telephone 01435 810446, by emailing us at sales@wildflowerlawnsandmeadows.com, or by post to our registered office.

 

These Terms apply for all our products except the wild flower turf, which has its own set of Terms due to the unique nature of the product. These are shown on the website and can also be viewed using the following link: https://wildflowerlawnsandmeadows.com/wild-flower-turf-terms-conditions.

 

  1. Definitions

 

In these Terms, unless the context requires otherwise:

 

‘Buyer’ means the person who buys or agrees to buy the goods from the Seller;

 

‘Seller’ means Wild Flower Lawns and Meadows Ltd, company registration number 12895409, with registered office at Downsview Farm, North Corner, Horam, East Sussex, TN21 9HJ;

‘Terms’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller; and

 

‘Product’ means goods or services which the Buyer agrees to buy from the Seller, including consultancy services, but excluding the wild flower turf product.

 

  1. These Terms

                                                                               

2.1          These Terms apply to all contracts between you and us, to the exclusion of any contract for the wild turf product. The Terms for the wild flower turf product can be viewed using the following link: https://wildflowerlawnsandmeadows.com/wild-flower-turf-terms-conditions.

 

2.2       You can contact us by telephone 01435 810446, by emailing us at sales@wildflowerlawnsandmeadows.com, or by post to our registered office as above.

           

2.3       As we deem necessary, we may contact you using the telephone number, email address, and/or postal address that you provide to us when placing your order.

 

2.4       Reference to “writing” or “written” in these Terms includes email correspondence.

 

  1. Our contract with you

3.1       Placing an order constitutes an offer by the Buyer to purchase the Product in accordance with these Terms.

(a)        The Buyer is responsible for ensuring that the information contained within the order and any applicable specification submitted by the Buyer is complete and accurate.

3.2.       The order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point a contract shall come into existence.

(a)        At this point, we will issue you with an order number. Please quote your order number in all correspondence with us.

3.3.       A quotation for the Product given by the Supplier shall not constitute an offer.

3.4       If we are unable to accept an order for whatever reason, we will inform you of this by email as soon as reasonably possible and will not charge you for the product.

 

3.5       Unfortunately, we cannot accept orders which request delivery to addresses outside the UK.

 

  1. Our Products

 

4.1          Any images or illustrations of the Product displayed on the Seller’s website or contained in the Seller’s marketing material are produced for the sole purpose of giving an approximate idea of the Product referred to in them (which are natural products affected by numerous variables such as soil type, aspect, weather, management, etc) and shall not form part of any contract between you and us.

 

4.2          The Seller may change any product, without notice, in line with relevant laws and regulatory requirements and/or to implement minor technical adjustments and improvements.

 

  1. Delivery

 

5.1          An estimated delivery timescale is displayed on the Seller’s website for the Plant Products, which is subject to change at any time.

 

5.2          If the Product is services, the Seller will use reasonable endeavours to begin the services on the date agreed with the Buyer.

 

5.3          If the Product is ongoing services, the Seller will supply the services to you until the services are completed or the contract is ended by you or us in accordance with these Terms.

 

5.4          If the Product is returned to the Seller after one or more failed delivery attempts by the courier, or if you do not collect the products from us as arranged, or you do not allow the Seller access to your property to perform the services as arranged, we reserve the right to charge you for any additional costs that we incur as a result, at our absolute discretion.

 

(a)           If, despite the Seller’s reasonable efforts, the Seller is unable to contact the Buyer to re-arrange delivery or collection, we may end the contract without notice.

           

(i) If we end the contract in these circumstances, we will refund, within 14 days, any money that you have paid in advance for any Product that has not been provided, but we may deduct from the refund, or charge reasonable compensation for, the net costs incurred as a result of you breaking the contract.

 

  1. Interruption of supply

 

6.1          The Seller may suspend the supply of a product, without providing notice to the Buyer, in order to make changes to the product or deal with environmental and/or technical problems.

 

6.2          If the supply or delivery of the Product is delayed, whether by effect of clause 6.1 or by an event outside of the Seller’s control, then the Seller will attempt to inform the Buyer of the delay and take reasonable steps to minimise the effect of the delay.

 

(a)           Provided that we do this, we will not be liable for any delays caused by the event.

 

  1. The Cooling Off period (for non-business customers only)

 

7.1       In accordance with the Consumer Contracts Regulations 2013, an individual Buyer (but not a business customer) can cancel an order, and return the goods where applicable, at any time until 14 working days (the ‘cooling-off period’) have passed after receiving the product and receive a refund.

 

(a)        In order to exercise the right to cancel, please contact the Seller in accordance with clause 2.2 and:

 

(i) state that you would like to end the contract, and provide your order number, full name, home address (and address on the order, if different), contact telephone number, and email address.

 

7.2       If the Product ordered is goods, the cooling off period runs for 14 days starting on the day that the Buyer (or someone nominated by the Buyer) receives the goods, unless:

 

(a)        the goods are split into several deliveries over different days. In this case, the cooling off period runs for 14 days starting after the day that the Buyer (or someone nominated by the Buyer) receives the last delivery.

 

(b)        the goods are for regular delivery over a set period. In this case, the cooling off period runs for 14 days starting the day after the Buyer (or someone nominated by the Buyer) receives the first delivery of the goods.

 

7.3       If the Product is services, the cooling off period runs for 14 days starting on the day after the Seller accepts the Buyer’s order.

 

(a)        If the Buyer attempts to cancel the contract after the Seller has started providing the services, the Buyer must pay for the services provided until such time.

 

7.4       Seeds are living structures and are potentially a perishable product. To qualify for a refund, any Product containing seeds must be returned in good condition, of its original weight, in its original sealed packaging, and with its labelling intact.

           

(a)        We reserve the right to refuse the return of any seed Product if we suspect that the seed(s) or packaging has been damaged, e.g. exposed to damp or heat.

 

7.5       The right to cancel does not apply to:

 

(a)        bespoke items made to your specification or which have been personalised for the Buyer, including custom mixtures of seeds;

 

(b)        Product which is dispatched in packaging sealed for health protection or hygiene purposes, if the packaging has been unsealed; or

 

(c)        Product which becomes mixed inseparably with other items after receipt.

 

7.6       It is at the Seller’s absolute discretion whether to accept returns or issue refunds for plugs, bulbs, 9cm pots, and other perishable items.

 

7.7       The Buyer must notify the Seller immediately if an incorrect Product is received. If the Product is unused and still in its original packaging, the Seller will arrange for collection of the Product from the Buyer, or for the Product’s return postage as the Seller sees fit.

 

7.8       A contract for goods is completed when the Product has been delivered and paid for in full, and a contract for services is completed when the Seller has finished providing the services and the Buyer has paid for the services in full. If the Buyer ends the contract before it is completed:

 

(a)        the Seller will refund any sums paid by the Buyer for products and services that have not yet been provided, however, the Seller may deduct from that refund (or charge the Buyer) reasonable compensation for costs incurred as a result of the Buyer ending the contract.

 

(b)        and the Product has been dispatched to you or you have received it, you must return the Product to us either:

 

            (i) in person, by mutual agreement;

 

(ii) by post, to be dispatched to us within 14 days of telling us that you wish to end the contract; or

 

                        (iii) by allowing us to collect the Product, by mutual agreement.

 

(c)        The Buyer must pay the costs of returning the Product to the Seller as we specify, unless the Buyer is ending the contract in accordance with its statutory rights to do so, for example, during the cooling off period, or if the goods are faulty or misdescribed.

 

7.9       The refund will be made within 14 days of the Buyer notifying the Seller that it wishes to cancel the contract, or, if the Product is goods, within 14 days from the day on which the returned Product is received by the Seller.

 

7.10      If the Buyer is exercising the right to cancel, the Seller will refund the price paid for the Product, including delivery costs, by the method used for payment, subject to the below:

 

(a)        The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method that the Seller offered at the time of purchase. For example, if standard delivery is offered at a set cost and premium or express delivery at a higher set cost, the standard delivery cost will be the maximum refunded regardless of the original delivery method used for the order.

 

(b)        If the Buyer is responsible for the costs of return and the Seller is collecting the product from you, the Seller may deduct from the refund (or charge the Buyer) reasonable compensation for costs incurred in doing so.

 

(c)        The Seller may deduct from the refund (or charge the buyer) to reflect any reduction in the value of the Product where, in the Seller’s reasonable view, such reduction of value has been caused by the Buyer.

 

  1. Payment and title

 

8.1       The price of the Product and any applicable VAT will be displayed on the Seller’s website for each Product.

 

8.2       If the Product is goods, payment is due upon the Buyer’s placing of an order.

 

(a)        We reserve the right not to dispatch the Product until payment has been received in full.

 

8.3       If the Product is services, payment is due on the date of the invoice. In the event of delayed or non-payment, the Seller reserves the right to:

 

(a)        charge interest on any outstanding balance(s) and/or

 

(b)        end the contract without providing notice to the Buyer.

           

(i) If the Seller ends the contract in these circumstances, the Seller will refund, within 14 days, any money that the Buyer has paid in advance for any Product we have not provided, but may deduct from the refund, or charge reasonable compensation for, the net costs that the Seller incurs as a result of the Buyer breaking the contract.

 

8.4       Title of the Product will not pass until payment has been received in full.

 

8.5       In the unlikely event that a Product is incorrectly priced:

 

(a)        If the correct price for the Product at the Buyer’s order date is less than the stated price as at the order date, we will charge the lower amount.

 

(b)        If the correct price for the Product at the Buyer’s order date is greater than the price stated to the Buyer, the Seller will contact the Buyer to confirm the correct price, and seek confirmation as to whether the Buyer wishes to proceed with the order at the correct price.

 

(c)        and the Seller accepts and processes an order where the pricing error is obvious (i.e., it could reasonably have been recognised by the Buyer as a mispricing), the Seller may end the contract, refund any sums that have been paid by the Buyer, and/or require the return of any Product as applicable in the circumstances.

 

  1. Insolvency or other default of the Buyer

9.1       All sums outstanding in respect of the Product, including any balance of the Price, shall become payable immediately if the Buyer fails to make payment for Product in accordance with these Terms or is otherwise in breach of the same, or if:

 

            (a)        any distress or execution shall be levied upon any of the Buyer’s goods, and/or;

 

(b)        the Buyer offers to make any arrangement with its creditors, and/or;

 

(c)        any bankruptcy petition is presented against the buyer, and/or;

 

(d)        the Buyer is unable to pay its debts as they fall due, and/or;

 

(e)        the Buyer, being a limited company, has any resolution or petition to wind up the Buyer (other than for the purpose of an amalgamation or reconstruction without insolvency) passed or presented, and/or;

 

(f)        the Buyer, being a limited company, has a receiver, administrator, administrative receiver, or manager appointed over the whole or any part of the Buyer’s business or assets, and/or;

 

(g)        the Buyer shall suffer any analogous proceedings.

 

9.2        In the event of any of the circumstances described in 9.1, above, the Seller may, in its absolute discretion, and without prejudice to any of its other rights, suspend all future deliveries of Product to the Buyer and/or terminate the contract without liability upon its part.

 

  1. Our liability

 

10.1      In the event of the Seller’s breach of these Terms, the Seller will be responsible for any direct loss or damage that the Buyer suffers as a foreseeable result of the relevant breach or the Seller’s failing to use reasonable care and skill, such liability not to exceed the value of the Product purchased under this agreement.

 

10.2      The Product is intended for domestic and private use. If the Buyer uses any Product for any commercial, business or re-sale purpose, the Seller will have no liability for any loss of profit, loss of business, business interruption, loss of business opportunity, or any indirect or consequential loss not elsewhere excluded in these Terms.

 

10.3      If the Seller is to provide services on the Buyer’s property, or any other property as directed by the Buyer, we will make good any damage to the property caused by our negligence in the course of doing so. However, the Seller is not responsible for the cost of repairing any pre-existing faults or damage to the property that are discovered in the course of providing the services.

 

10.4      The Terms do not exclude or limit in any way the Seller’s liability for death or personal injury caused by the Seller’s negligence or the negligence of the Seller’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and/or for any breach of your statutory rights (for example, in relation to defective products under the Consumer Protection Act 1987).

  1. How we may use your personal information

11.1      The Buyer’s personal information will be handled in accordance with our privacy policy, which can be viewed on our website by using the following link: https://wildflowerlawnsandmeadows.com/privacy-policy.

 

  1. Other important terms

 

12.1      This contract is between the Buyer and the Seller. No other person shall have any rights to enforce any of its terms or require the approval of any third party to end or alter it, however:

 

(a)        the Seller may transfer the rights and obligations under these terms to another organisation at any time without notice.

 

12.2      Each paragraph of these Terms operates separately. If any court or relevant authority decides that any part of these Terms is unlawful, the rest will remain in full force and effect.

 

12.3      If the Seller delays in enforcing the Terms, this will not prevent the Seller taking steps against the Buyer to enforce the terms at a later date.

 

  1. Governing law and jurisdiction

 

13.1      The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.