Terms and Conditions
By purchasing goods from Potstore.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.
1. Definitions and interpretation
In these terms the following words have the following meanings
Contract
the contract for the sale and purchase of the Goods;
Delivery Area
only addresses within the United Kingdom including the Isle of Wight, the Isle of Man, the Scottish Isles, Northern Ireland and,
but excluding the Channel Isles.
Euro Zone Delivery
the euro zone charge applies to orders that can be packaged within a 55cm x 55cm x 55cm carton larger orders and pallets are subject to a quotation
Goods
the range of plants and garden products which are available for purchase from our web site in accordance with the terms;
The Web Site
our presence on the world wide web, currently accessible via the address www.PoshPatio.co.uk;
the Seller, we, or us
2. Basis of the sale
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, insurance and delivery costs are set out in the order page.
We will confirm acceptance of your order on-screen.
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.
3. Details of the order
1. The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).
2. Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing,
you are based in the Delivery Area and your credit or account card is authorised for the transaction.
3. The Goods which can be ordered via our Web Site are only available for delivery to you if you are based in our Delivery Area.
4. Price of the Goods
1. If the price of the Goods increases between the date we accept your order and the delivery date, we will let you know and ask you
to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will of course have the option of cancelling the order.
2. Our charges for transport, packaging and insurance are detailed on the order page and will be included in the total price for the Goods.
3. If an eror on the online pricing system occurs we will notify you within 48 hours by email to either cancel the order or ammend the order at the correct price.
5. Payment terms
1. We will charge your credit card account for payment upon receipt of order. We accept no liability if a delivery is delayed because you
did not give us the right payment details.
2. If it is not possible to obtain full payment for the Goods from your account on 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.
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.
6. Delivery
1. We will deliver the Goods to the address you specify for delivery in 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.
2. We will aim to deliver within the quoted time frame (USUALLY 7 TO 10 DAYS FOR IN STOCK ITEMS. OUT OF STOCK ITEMS WILL
BE PLACED ON BACK ORDER AND WE WILL CONTACT YOU) but delivery times are not guaranteed. If delivery is delayed due to any
cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an
alternative time.
DELIVERY RESTRICTED TO UK MAINLAND ADDRESSES. EXCLUSIONS APPLY TO SCOTTISH HIGHLANDS, PARTS OF
ABERDEENSHIRE AND AREAS DEEMED BY US TO HAVE RESTRICTED ACCESS.
FREE DELIVERY APPLIES TO MINIMUM ORDER VALUE AND GEOGRAPHICAL LOCATION
WHERE EVER POSSIBLE WE USE NEXT DAY DESPATCH - ONCE THE GOODS ARE WITH THE CARIER WE DO NOT
HAVE CONTROL - IF THE GOODS DO NOT ARRIVE AS EXPECTED WE WILL ENDEAVOUR TO ARRANGE THE NEXT
WORKING DAY OR WHENEVER POSSIBLE - PLEASE NOTE THIS BECOMES A CARRIER ISSUE AND SOMETIMES PROBLEMS
DO HAPPEN APOLOGIES IF THIS HAPPENS.
7. Risk and ownership
1. Risk of damage to or loss of the Goods 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. You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full.
Goods supplied are not for resale.
8. Returns/Options to cancel
Returns.
According to EU law customers have 14 days from the date they have received the goods to inform that they wish to
return the goods, and then an additional 14 days from when they have informed you until the goods needs to be sent back.
Customers who wish to return an order for over £500 in value, they will be liable to a 50% re-stocking charge unless damaged or faulty. According to current legislation, customers are allowed to return there orders and receive a full refund, as long as the item is retirned within the 14 days cooling off period.
(see above restocking fee) less our outgoing postage costs.
Buyers will however be responsible for their postage costs in returning the goods. In the unlikely event that the goods are
faulty or do not meet the description, we will arrange for collection of the goods and a refund or replacement at our cost.
Please note that Products made to order or bespoke are unreturnable unless damaged.
If a deposit has been paid for a special order and the order is subsequently cancelled after a 7 day period from payment the
deposit will be non returnable.
Email: potstoreuk@gmail.com
9. Warranties
1. We aim to provide high quality plants and products to our customers. Accordingly, we warrant that where the Goods are products
and not already covered by a manufacturer's guarantee, they will meet their specification and will be free from defects in materials
and workmanship at the time of delivery. Where the Goods are plants, we warrant that they will be in good condition at the time of
delivery and will be of the type ordered, or if that type is not available we will let you know by e mail and, if possible, suggest a
suitable alternative which is available. If you do not want the alternative suggested, you will be entitled to order another plant or
cancel your order, as you wish.
2. The availability, price and colour of plants we sell to you may vary according to seasonal and market availability.
We will endeavour to confirm these details when we confirm your order for the plants or prior to delivery.
If there have been any material variations, you will have the option of cancelling your order.
10. Liability
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 refund of the price of the Goods or replacement Goods 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 your business may suffer. We shall, however, be liable for losses that you suffer as a result of
our breach of contract and that could have been contemplated by both you and us at the time the contract is concluded.
3. These terms and conditions do not affect your statutory rights as a consumer.
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.
5. The content of the Web Site is directed solely at those who access the site from addresses within the Delivery Area.
6. We assume no responsibility for the contents of any other web sites to which this Web Site has links.
11. 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.
12. Copyright
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.
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.
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.
13. Privacy
Potstore.co.uk are committed to protecting your privacy.We will only use the information that we collect about you lawfully
(in accordance with the Data Protection Act 1998)
We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.
We will not pass your e-mail address to other parties.
We do not sell, rent, share, trade or give away personal information about our customers unless we are required to do so by law.
The type of information we will collect about you includes:
· Your name
· Address
· Phone number
· Email address
· Credit/debit card details
We will never collect sensitive information about you without your explicit consent.
The information we hold will be accurate and up to date.
You can check the information that we hold about you by emailing us.
If you find any inaccuracies we will delete or correct it promptly.
The personal information, which we hold, will be held securely in accordance with our internal security policy and the law.
If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
We may use technology to track the patterns of behaviour of visitors to our site.
This can include using a "cookie" which would be stored on your browser.
You can usually modify your browser to prevent this happening.
The information collected in this way can be used to identify you unless you modify your browser settings.
Our site contains links to other sites. PoshPatio.co.uk are not responsible for the privacy practices, or the content,
of those web sites.
If you have any questions/comments or concerns about privacy, please email customerservices@PoshPatio.co.uk
14. Changes
1. We reserve the right to make changes to this Web Site and these terms at any time.
15. Complaints
1. If you wish to complain about any aspect of our service, please email us at potstoreuk@gmail.com
16. General
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
tell us of any changes to it.
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.
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.
4. The headings in these terms are for convenience only and will not affect their interpretation.
17. Governing law and jurisdiction
1. These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.
18. Price Match Promise - if you contact us BEFORE you buy we will match the price of any competitor taking into account
shipping charges and lead times - there may be some instances wher we will be unable to match prices for instance where a
competitor is holding a clearance sale or seconds sales. Wherever possible we will TRY to match that's our Price match Promise.
