Terms and Conditions

Our Agreement With You

1. DEFINITIONS

1.1 In this Agreement we are Direct Plants.

1.2 You are the person detailed on the Register on the Website.

1.3 Goods means the items detailed on the Order Form or any alternative items supplied to you pursuant to clause 6.1.2 or clause 7, returns and exchanges.

1.4 Order means your offer to purchase Goods from Direct Plants.

1.5 Order Form means the form completed by you online when you Order the Goods (referred to on the Website as "Shopping Cart").

1.6 Website means www.directplants.co.uk.

2. PLACING AN ORDER

2.1 Browse the Website and select your chosen Goods.

2.2 Complete the Order Form in full and follow the instructions detailed on the Website.

2.3 After completing and submitting the Order Form, you will receive an e-mail confirming your order, with an order number on it. No agreement exists between you and Direct Plants until you receive this e-mail. At any stage before submitting the Order you may click back through the screens and amend any details you have inputted and/or choose not to continue with the Order.

3. PRICE

3.1 The price of the Goods shall be the price, in pounds sterling, quoted by Direct Plants on the Website next to the illustration/description of the Goods. In the event of a discrepancy, the price displayed on the Order Form shall prevail.

3.2 The price is exclusive of any postage and packaging costs. Delivery charges shall be as set out in the Website.

3.3 Direct Plants reserves the right to increase prices of any item displayed for sale on the Website and/or delivery charges from time to time. However, where the price of Goods and/or delivery charges changes between Order and delivery, Direct Plants will honour the lower price and/or charge.

4. PAYMENT

4.1 The amount payable by you shall be the total price of the Goods and the applicable delivery charges as set out at clause 3.2. The total amount payable by you in respect of the Goods and delivery of them will be shown to you before you submit the Order. The acknowledgement of Order e-mail set out at clause 2.3 will display your order number.

4.2 Payment can be made by Mastercard, Visa, Maestro, Solo, Visa Electron, Delta and JCB over the telephone or via PayPal. Payment will be processed on the first working day after receipt of your acknowledgement of order email.

5. AVAILABILITY AND DELIVERY

Where an Order is accepted, it will be processed and clauses 5.1 and 5.2 shall apply;

5.1 If the Goods are in stock, they will be despatched and delivered to the address provided in the Order Form. The following delivery times shall apply in respect of any Order for Goods that is accepted by Direct Plants:

Despatch to Delivery within
UK 7 working days from date of email described in clause 2.3

Direct Plants cannot be held responsible if the delivery address provided by you is incorrect.

5.2 Direct Plants will use reasonable endeavours to ensure that delivery takes place within the time specified in clause 5.1 and that the items displayed on the Website are in stock. However, you acknowledge that the time for delivery specified in clause 5.1 is an estimate.

6. NON-DELIVERY

6.1 If the Goods have not been delivered to you 7 days after the latest date for delivery to your address as set out in clause 5.1 you should contact Direct Plants at sales@directplants.co.uk. You will then be given the option of;

6.1.1 cancelling your Order. We will then refund the price you paid in accordance with the Refunds and Exchange Policy; or

6.1.2 choosing alternative items displayed on the Website up to the same value of the Goods or allowing Direct Plants to send you further Goods or a suitable alternative item of the same value of the Goods provided that should the original Goods subsequently arrive you agree to notify Direct Plants and to return to Direct Plants one set of the Goods or if you wish to keep both the original and replacement Goods to authorise Direct Plants to debit the price of the replacement Goods from the debit/credit card, the details of which you provided to Direct Plants when making your original order; or

6.1.3 waiting for an agreed time period after which if the Goods are not available to you then options 6.1.1 and 6.1.2 will be available to you.

6.2 Direct Plants shall not be liable for any non-delivery of Goods (even if caused by Direct Plants negligence) unless notice is given to Direct Plants within 10 working days starting from the day after the last date for delivery had delivery taken place in accordance with the timetable set out at clause 5.1. Such notice should be to the postal or e-mail addresses or telephone number set out at clause 10.10.

6.3 Any liability of Direct Plants for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a refund in accordance with the Refund and Exchange Policy.

6.4 If for any reason (other than exercising your rights set out in the Refund and Exchange Policy to return the Goods) you will not accept delivery of the Goods or Direct Plants is unable to deliver the Goods on time because you have not provided appropriate instructions, including but not limited to inputting the correct delivery address on the Register Direct Plants may store the Goods until delivery whereupon you will be liable for all related costs and expenses.

6.5 Where Goods cannot be delivered because of the circumstances detailed in 6.4 Direct Plants reserves the right to make an additional delivery charge at the applicable rate set out in clause 3.2.

7. RETURNS AND EXCHANGES

Please refer to the Refunds and Exchange Policybelow.

8. RISK AND PROPERTY

8.1 Risk of damage to, or loss of the Goods shall pass to you upon delivery of the Goods.

8.2 Ownership of the Goods shall not pass to you until Direct Plants has received in full (in cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to Direct Plants from you on any Order.

8.3 If you intend to return or exchange the Goods in accordance with the Refunds and Exchange Policy, you must keep good care of the Goods pending their return to Direct Plants.

9. LIMITATION OF LIABILITY

9.1 Direct Plants warrants that it is has title to sell the items that are displayed on the Website. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any agreement between Direct Plants and you.

9.2 Nothing in these Terms and Conditions excludes or limits the liability of Direct Plants for fraudulent misrepresentation or death or personal injury caused by the negligence of Direct Plants or its employees.

10. GENERAL

10.1 You should read the Privacy Policy before browsing or making an Order through the Website.

10.2 If for any reason a court finds any provision of these Terms and Conditions to be invalid or unenforceable, then these Terms and Conditions shall continue in force except for those parts of the invalid or unenforceable provision that have to be deleted to enable the remaining parts, and the other provisions, to be valid and enforceable.

10.3 Failure or delay by Direct Plants in enforcing or partially enforcing any provision of these Terms and Conditions will not be construed as a waiver of any of its rights under them.

10.4 Any waiver by Direct Plants of, or any default under, any provision of these Terms and Conditions by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of these Terms and Conditions.

10.5 Direct Plants reserves the right to defer the date of performance or cancel any agreement under these Terms and Conditions without liability to you if it is prevented from or delayed in the carrying on of its business due to circumstances beyond Direct Plants' reasonable control provided that if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give written notice to Direct Plants to cancel such agreement and obtain a refund of any sums paid.

10.6 Any notice required to be given to Direct Plants shall be in writing and sent by post to the address on the contact page or by e-mail to sales@directplants.co.uk unless otherwise notified. Any notice required to be given to you by Direct Plants shall be in writing and sent by post or email to the addresses that you provided when ordering the Goods, unless otherwise notified

10.7 You agree with Direct Plants that any agreement made under these Terms and Conditions is exclusively between you and Direct Plants and it is not intended to be enforceable by any other person who is not a party to it.

10.8 These Terms and Conditions shall be governed by English law. You submit and Direct Plants submits to the non-exclusive jurisdiction of the English Courts.

10.9 Any agreement between you and Direct Plants is made under these Terms and Conditions, and includes, the descriptions of the Goods as provided by us on our Website, the Order Form, the Refund and Exchange Policy and the Privacy Policy. Together these constitute the entire agreement and understanding of you and Direct Plants and supersede any previous agreement between the parties relating to the subject matter of such agreement. Nothing in this clause shall operate to limit or exclude any liability for fraudulent misrepresentation.

10.10 You may contact us by post at Direct Plants, Mill Hill Nursery, Cliff-en-howe Road, Pott Row, King's Lynn, Norfolk or by email at sales@directplants.co.uk

10.11 Direct Plants conforms to the Which? Web Trader Code of Practice.

10.12 You acknowledge that Direct Plants may change these Terms and Conditions from time to time.