Terms and conditions

  1. Definitions and Interpretation

    In these terms the following words have the following meanings

    The contract for the sale, purchase and delivery of the Plant/s and/or Good/s.

    Delivery Area
    Includes all areas and countries we delivery to, as specified in 'Delivery Explained'.

    Plant/s and Good/s
    The range of plants and goods (or any parts for them) which are available for purchase from our website in accordance with the terms.

    The Website
    Our presence on the world wide web, via our Website www.claireaustin-hardyplants.co.uk

    Claire Austin Hardy Plants Ltd

    The person(s)/company/group/organisation/partnership or other placing the order

    Registered company address and postal address
    Claire Austin Hardy Plants Ltd
    White Hopton Farm
    Wern Lane
    Sarn, Newtown
    SY16 4EN

    Telephone:   01686 670 342
    Email:   enquiries@claireaustin-hardyplants.co.uk

    Company Number:   3738248
    VAT Number:   729709595

  2. Basis of the sale

    1. An agreement for us to sell you Plant/s and/or Good/s is made on these terms when we accept an order made by you via our Website. The description of the goods, the price including VAT and delivery costs including VAT are set out in the order page. We will confirm acceptance of your order on-screen and via email. Acceptance of order does not guarantee availability of all or part of the order. We shall not be liable for any cost incurred by you as a result of non availability or delivery of all or part of any order.
    2. We aim to give you the best description and information we can relating to the plants and goods we sell. However, without the Plant/s and or Good/s being physically in front of you, we hope you appreciate that at times there are inevitably slight variations in size, shape or colour between different specimens and that you should be aware that plants look different at different times of the year. As such we advise that Illustrations, descriptions and other information as to particular Plant/s and or Good/s 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. We suggest you advise if substitutes are acceptable.
  3. Details of the order

    1. If accepted by us the quantity, quality and description of the goods will be as set out in your order, including the use of substitute varieties if applicable.
    2. Orders are accepted at our sole discretion but are normally accepted if the goods are available and payment of cleared funds received. In addition to this the correct delivery charge must have been paid and the delivery address must be with in our delivery area.
  4. Price of plants/goods

    1. All plants and goods advertised on our website are inclusive of VAT at the prevailing rate at the time. We reserve the right to increase our prices for plants or goods at anytime.
    2. The change of a price for a plant or good on our website shall constitute notification of change.
    3. If the price of a plant or good ordered increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm that the new price is acceptable. It may be necessary to receive confirmation in writing which includes email. If it is not acceptable then we will of course give you the option of cancelling the Plant/s, Good/s or part or all of your order. In the event that funds are due for reimbursement to you, we shall refund payment or issue a credit note, in line with your wishes, at our earliest convenience.
  5. Substitutes

    1. Please specify if wish to accept substitutes. We don’t want to send you a plant you don’t want and in the event you have not specified no susbstitutes we reserve the right to substitute unavailable Plant/s and/or Good/s. We do usually try to contact you if an item ordered is not available but can’t guarantee we will contact you.
  6. Payment terms

    1. We will charge your credit/debit card account for payment, or bank payment upon receipt of order. In the event that the price differs at the time of despatch we will either refund or issue a credit note at our earliest convenience. We accept no liability if a delivery is delayed because you did not give us the right payment details or if funds where not cleared or where unavailable.
    2. If it is not possible to obtain full cleared funds from you, as payment for the Plant/s and/or Good/s, prior to despatch we shall not despatch the Plant/s and/or Good/s . We reserve the right to cancel the Contract. This does not affect any other rights we may have.
    3. We will take all reasonable care to keep all information connected with your order secure. Please read our Privacy Policy. 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 our Website, unless this is solely due to our negligence.
  7. Delivery

    1. We will deliver the Plant/s and/or Good/s, by our chosen carrier, to the delivery address specified for the order. Please ensure that address is accurate. We appreciate you specifying a specific place to leave the delivery if you are not present on delivery.
    2. If you do not specify a specific place to leave the parcel it may result in a card being left informing you of attempted delivery and you having to make arrangements with the carrier for redelivery/collection.
    3. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
    4. We will aim to deliver within the quoted time frame but delivery times are not guaranteed. Week end delivery should not be expected.
    5. For full delivery details forming part of these terms see the ‘Delivery Explained’ section of our website. The ‘Delivery Explained’ section of our website shall be considered a part of the terms of the Contract between You and Us. By accepting the terms of the contract you agree to be bound by our delivery terms.
  8. Risk and ownership

    1. Risk of damage to or loss of the Plant/s and or Good/s passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.
    2. In the event that you are present at the time of delivery and the package/s are damaged we advise that you either sign for the goods as ‘Damaged’ and contact us immediately or preferably refuse to accept delivery and contact us immediately. In the event that you have accepted delivery, it may help us if you are able to obtain a photograph of the packaging prior to opening it, so please contact us before opening if possible.
    3. If you accept a damaged parcel and no notation is made to the carrier at the time it may invalidate any claim we have against the carrier, which in turn may invalidate any claim you make against us.
  9. Returns/Cancellation

    Please see our separate Returns Policy.
  10. Privacy

    Please read our customer Privacy Policy, which explains how we will not pass on your details to any third party other than for the purpose of processing your payment and delivery.
  11. Warranties

    1. We aim to provide quality plants and products/goods to our customers. We guarantee our plants to be true to name and for a period of six months from receipt, conditional upon you following cultural instructions and good plant husbandry. If the plant should die of natural causes up to six months from delivery, we will either replace it free of charge (although we may have to charge for delivery) or issue a credit note or refund payment for the plant only. We may ask for a photograph of the plant or that you return the plant. We shall try to accommodate your wishes as to the method of dealing with the matter but the choice of dealing with the matter is ultimately and solely ours. This does not affect your statutory rights.
    2. We further undertake that the Plant/s and/or Good/s will be in good condition at the time of delivery and will be of the type and quantity ordered. If the type ordered was not available and we supplied a substitute we undertake that the substitute will be in good condition at the time of delivery and will be of the type and quantity we stated as the substitute.
  12. Liability

    1. If you have a valid claim in respect of any plants or 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 refund of the price of the Plant/s and /or Good/s or a replacement of the same free of charge.
    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 you or your business may suffer.
    3. These terms and conditions do not affect your statutory rights as a consumer.
    4. The content of the Website is directed solely at those who access the site from addresses within our Delivery Area.
    5. 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 you or your business may suffer.
  13. Matters out of our control

    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.
  14. Copyright

    1. All of the content of this Website, including but not exclusively, format, written word, photographs, design and content are the copyrighted property of Claire Austin Hardy Plants Ltd. All rights reserved.
    2. None of this material may be used without our written permission.
    3. We obviously expect that you may print off copies of your order or other pages to assist you with choosing your plants or goods and are happy for you to do so. However the use of any of our Website content for any commercial gain, financial reward, reproduction or teaching purposes is forbidden.
  15. Changes

    1. We reserve the right to make changes to this Website and these terms at any time.
    2. If you make a change to your email address, telephone number or address we would appreciate you letting us know.
  16. Complaints

    1. If you have a complaint about any aspect of our service we would appreciate being given the opportunity to address and correct it. We ask that the complaint be in written form. You can post or email - further details for which can be found here.
    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.
  17. Governing law, jurisdiction and interpretation

    1. These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.
    2. 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.
    3. The headings in these terms are for convenience only and will not affect their interpretation.
  18. Promotions

    1. From time to time we may offer promotional incentives or discounts. These will clearly state the Terms and Conditions of the promotion.
    2. We reserve the right to withdraw any promotion, incentive or discount at any time in line with statutory requirements.
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