Terms and Conditions

Ordering From Us

When ordering from Plantagift or Giftaplant via either our website or our sales office, you will be accepting the terms and conditions as set out below.

When placing an order with us you will be given the opportunity to check your total order and correct any errors. On the order page it will list a description of the goods, to include price, vat and any delivery costs. All of these will be marked clearly when placing an order. We will process your order and send you an order acknowledgement, detailing all products that have been ordered. This will be done either by email or by telephone. Our acceptance of the order takes place when we despatch the order. We may refuse to accept an order if the goods are not available, we cannot obtain authorisation for payment or you do not meet any eligibility criteria set out in our terms and conditions.

We aim to give you full information on all the products we sell. However it is inevitable there may be variations in colour, size and shape. Some pictures of plants or goods may vary, including their size and shape. Cultural information is there for guidance only. From time to time we may in our sole discretion vary the nature of the goods, from that advertised, without notice to you, so long as these variations are not material adjustments. The goods which can be ordered via our web site are only available for delivery if you are based in our specified delivery area.

PRICING

All prices include VAT at the applicable rate, when placing an order, and the goods increase in price between the date we accept the order, and the delivery date, we would let you know, of any price alterations. We would then ask for your acceptance of any changes to the order, confirmation of this would be done by either email. You would also be given the opportunity to cancel the order if you do not wish to proceed. Our charges for packing, transport and insurance and any other relevant charges will be detailed on the order page. For any other charges you will notified by email or telephone.

PAYMENT TERMS

We will charge your credit card for payment upon receipt of an order. We cannot accept liability if the delivery is delayed because you the customer did not give us the right payment details. If it is not possible to obtain full payment for the goods before delivery, we will cancel the contract and suspend any further deliveries. This does not affect any other rights we may have. 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 or placing an order over the phone.

CANCELLATION AND RETURNS POLICY

If you wish to cancel your order; YOU MUST TELPHONE US ON 01483 281859 OR FAILING THAT EMAIL US AT info@giftaplant.com.

When you receive a plant that is in poor condition contact us immediately. We will request from you a photograph of the delivered item on arrival. This is so we can evaluate what condition the plant was in when received, as opposed to what it looks like by the time you return it to us. Provided that you have contacted us within 7 days of receiving the plant and we have received the pictures of the defective or damaged goods we will determine the cause of the problem and refund or replace accordingly. Please note plants look different depending on what time of year it is. An evergreen plant will have leaves all year round, where as a perennial or a rose will loose its leave in late autumn and winter, but will start to leaf up in Spring. But be assured you will have been supplied a plant with good root structure, that when planted will grow.

You can return anything you’re not happy with provided you have contacted us 7 working days starting the day after delivery, provided that it’s not something you’ve altered or tampered with in anyway, you may return the goods to us. After investigation a full refund will be given including the the delivery charge.

If the item has been damaged by yourself we hold the right to only refund a certain percentage of the value of the goods, this is done by the discretion of the manager. It is advisable to return the product in its original packaging to insure that the product is not damaged on its returned journey.

If you decided you have ordered an item and had a change of mind, please contact us within 7 working days starting the day after delivery of the goods. It is advisable that the item is cared for while in your possession and kept in the original packaging to insure that the product is not damaged on its return journey After inspection of the goods a full refund will be given. You must return the items at your own cost, and they must be packaged appropriately so the item arrives in good condition. Failing to do this will result in us holding a percentage of the refund value.

Returned ITEMS LOST IN TRANSIT

We cannot be held responsible for returned goods that are lost in transit: as you are responsible for returning any items to us, we recommend you send them back to us by recorded or special delivery.

RISK AND OWNERSHIP

Risk of damage to or loss of the Goods passes to you at the time of delivery to you.
Goods supplied are not for resale.
WARRANTIES

We aim to provide high quality plants and products to our customers. Accordingly, we do not offer a hardy plant guarantee, but if a plant should fail within 8 weeks from receipt of delivery, we will offer a replacement free of charge. We will not replace any plants or products due to poor care i.e. watering. A decision will be made at the discretion of an authorised manager and then either a replacement of goods, or a full refund will be given The availability, price and colour of plants we sell may vary according to the season and what is available in the market place. We will endeavour to confirm these prior to delivery. If there are any material variations, you will have the option of cancelling the order.

SUBSITUTES

If you order an item and it is currently out of stock, we reserve the right to replace it with something similar.

DELIVERY

Please be exact 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. We will aim to deliver within the quoted time frame, order by midday for next working day delivery Monday-Friday, but delivery times are not guaranteed. Saturday deliveries are also available at an additional cost, please ring plantagift / giftaplant sales on 01483 281859. Deliveries are made within our designated delivery area, please click here to the see map for delivery areas. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended.

All delivery addresses must be accurate and include a full post code. Inaccurate or incomplete address details may result in administration charge being made to validate the information supplied. We will not be held responsible for any address errors made, due to receipt of inaccurate information which may result in loss of goods in transit.
Emails to you will be to the address you have entered. Please make sure you give us an accurate and valid e-mail address and contact telephone number.
CONDITIONS OF WEB SITE USE

Copyright of all web site design, text, graphics, the selection and the arrangement of all soft ware compilations, underlying source code, software (including applets) and all other materials on this web site are the copyright of PLANTAGIFT / GIFTAPLANT and its affiliates or their content and technology providers. ALL RIGHTS RESERVED. Any use of materials on this web site-including reproduction for purposes other than those noted above, modification, distribution, or re-publication without the prior written permission of GIFTAPLANT is strictly prohibited. NO part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without prior written permission.
COPYRIGHT

Images or any other material may be not be used without written permission.
All names, logos, slogans, or other phrases may be a trade mark of PLANTAGIFT or GIFTAPLANT. Any unauthorised use of a trade mark is unlawful.
SERVICE ACCESS

While we endeavour to ensure that this website is normally available 24hours a day we will not be liable if for any reason access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair.
CHANGES

We reserve the right to make changes to this web site and these terms at anytime.
FRESH CUT FLOWERS

The range of cut flowers on offer is all subject to availability. In the event of supply difficulties we will substitute flowers or packaging of same value and quality.
LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and don’t take responsibility for these websites or their content or availability. We therefore we do not endorse or make any representations about them, Or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
  • You do not remove, distort or otherwise alter the size or appearance of the www.plantagift.co.uk or www.giftaplant.com web site;
  • You do not create a frame or any other browser or border environment around this Website/li>
  • You do not in any way imply that we are endorsing any products or services other than our own;
  • You do not misrepresent your relationship with us nor present any other false information about us;
  • You do not otherwise use any www.giftaplant.com or www.plantagift.co.uk trade marks displayed on this Website without our express written permission
  • You do not link from a website that is not owned by you; and your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate. You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause.

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms an Exclusive jurisdiction of the English courts. We do not warrant that materials/items for sale on the Website appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
RISK AND TITLE

Risk of damage to or loss of the goods passes to you the consumer, at the point of delivery. If you do not accept delivery at the agreed time, then we can no longer be held responsible for the goods. You will only become the owner of the goods provided we have received payment in full.
MISCELLANEOUS

All emails to you will be at the address specified to us. It is important that you give us a valid email address and tell of us of any changes in circumstances. 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 later occasion. 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.