These terms and conditions set out the legal relationship which is made between a person placing an order via this web site (‘you’) and The Parsonage Plant Company LLP (trading as Plants4Less), a company registered in England (company number OC390781) whose registered office is at The Parsonage, School Rd, Bagthorpe Village, Notts NG16 5HB (‘we’ or ‘us’) when an order is placed and accepted. Sections 13 and 17 apply to all users of this web site irrespective of whether an order is placed.
1. Basis of Contract: By placing an order on this web site you offer to purchase the products contained in your order from us and agree to be bound by these terms and conditions. The contract of sale is formed when you receive our e-mail confirming your order. Our products are sold to you on the understanding that you are a consumer purchasing for your own private use; they are not sold to you for purposes of re-sale by you or for any other business use, and in no circumstances will we be liable to you for any losses, costs or expenses (including loss of profits or loss of opportunities) which may result from your use of, or inability to use, our products for business purposes.
2. Availability: We make every effort to ensure that the availability information on our web site is accurate and up to date, but there may be some occasions when it is not correct or where pre-ordered plants which were expected to become available do not due to horticultural problems. Where your original order cannot be fulfilled due to unavailability of products we will contact you to offer you equivalent substitute products (where available and subject to our discretion) or a full refund. Please note that we only deliver to addresses within the United Kingdom.
3. Despatch Times: We aim to dispatch all orders within 1-5 days, Most are dispatched within 48 hours and delivered via Royal Mail or via one of our nominated couriers.
4. Pricing and P&P: All prices shown on our web site are correct at the time of publication, but we reserve the right to change prices at any time without prior notice. All prices include VAT where it is applicable. Unless otherwise stated, all prices are exclusive of postage and packing, for which charges are shown separately and added automatically to your shopping basket. Some larger items may incur a delivery surcharge for addresses outside the UK mainland.
5. Quality: We aim to supply all products including live plants in excellent condition. If for any reason you are not entirely satisfied on receipt of your order, please advise us by phone, email or by letter within the following periods:
Live plants: within seven days of receipt
Seeds: within 30 days of the germination time (as stated on the packet or in our catalogue) if germination is not satisfactory
Hardware: within six months if received in damaged or faulty condition or if a fault develops in normal use. Failure due to abnormal or improper use or use contrary to any instructions provided is excluded. You may also have the benefit of a manufacturer’s guarantee for some items
Other: within a reasonable period having regard to the nature of the goods if the goods are of unsatisfactory quality or do not perform as may be reasonably expected.
Where the products supplied were not of satisfactory quality we will provide you with a full refund or if you prefer (and subject to the availability of equivalent replacement products and to our discretion) a replacement. Please note that we cannot be held responsible for plants or seeds which fail to grow due to extreme weather conditions, over- or under-watering, or which have not been cared for according instructions supplied. Where a refund or replacement is provided, we may require the return of the unsatisfactory products – see section 7 below.
6. Your Right to Cancel: In accordance with the Distance Selling Regulations, you have the right to cancel your order at any time up to 14 days from the day after receipt, except in the case of perishable items (which includes live plants). If you wish to cancel an order on this basis you must contact us within that period. You must also take reasonable care of the goods whilst in your possession and we may require you to return them to us - see section 7 below. You will be entitled to a full refund (including any postage and packing costs) where you cancel in accordance with this section 6.
7. Return of Products and Refunds: Where you are to receive a refund or replacement under section 5 above or have cancelled an order under section 6 above, we may require you to return the products you have received to us. If so you must return them to us promptly and (in the case of cancellation under section 6) at your own cost. We can arrange collection of larger items, but you will be charged for this service at cost. If we do not require the return of any products you will be responsible for their disposal and any associated costs. All refunds will be processed within 10 days from receipt of returned goods or our acceptance of liability
8. Methods of Payment, Vouchers and Refunds: We accept most major credit and debit cards for online and orders. Please note that your account will be debited on receipt of your order. If you wish to pay by cheque you will need to post your order. If your card issuer or bank refuses to authorise payment to us, we will contact you for further instructions. We will not be liable for any resulting delay or non-delivery. Refunds will only be paid to the original purchaser of the goods. Online vouchers are personal to each individual and any inappropriate use is fraud. We reserve the right to cancel any vouchers at any time. Photocopied vouchers or vouchers duplicated by other means will not be accepted.
9. Ordering Live Plants: If you have ordered live plants you must follow any instructions accompanying them and failure to do so may mean that we will not be responsible if the plants die. Unless different instructions are included with your plants, please ensure that on arrival, even if you are not ready to plant them out, you take them out of the packaging, water them and expose them to light. Note that each plant variety or product may be packed separately, so if you order several they are likely to arrive on different days. Each package will state the item enclosed.
10. Safe Use of Products: Certain products in our range (in particular some hardware products) may be unsafe if misused. You must, upon receipt of any product accompanied by instructions or safety warnings, read them carefully any follow clearly any guidelines on how to use the product. If you are in any doubt about the use of the product, the meaning of any warnings, or whether your intended use of the product is safe, we urge you to contact the manufacturer for clarification prior to use. We cannot be responsible for any negligent use or misuse of products purchased from us. If no instructions are issued and you have a query about how to use the product you have purchased, please consult the manufacturer.
11. Statutory Rights: Your statutory rights are not affected by anything in these terms and conditions.
12. Liability: Save in the event of: (i) death or personal injury caused by our negligence or that of our employees, agents or contractors; (ii) fraud; (iii) any liability we may have under UK product liability legislation; and (iv) any other liability which cannot legally be excluded by us, our liability to you in respect of any order you place is limited to the value of the order including any VAT and P&P charges.
13. Intellectual Property: All intellectual property rights (including copyrights, trade marks and design rights) in the content of this web site are owned or controlled by us. In accessing our web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium) transmit, show or play in public, adapt or change in any way the content of our web pages for any other purpose without our prior written permission.
14. Third Party Information: We cannot be held responsible for material displayed on third party web sites (such as directory or price comparison sites) or any other third party materials. The only prices that apply to our products are those stated in our catalogues and on our web site from time to time.
15. Policies and Terms & Conditions: We reserve the right to make changes to our web site, policies, and these terms and conditions at any time. The terms and conditions applicable to any order will be those in force at the time when the order was placed. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
16. Events Beyond Our Reasonable Control: We will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause which is beyond our reasonable control.
17. Governing Law and Jurisdiction: These terms and conditions are governed by the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts in respect of any disputes arising from these terms and conditions or otherwise arising in respect of any order placed by you.