Terms
& Conditions
Your use of this website and
any consequent purchase of goods from www.scentedshrubs.com
constitutes a legally binding agreement with us on the following terms. These
terms describe the basis for your usage of this website and for any purchase
made by you and sale by us of the products described on this website. It is
important that you read and understand them.
Definitions
1) The Contract is the
contract for the sale and purchase of the Goods
2) The range of products
which are available for purchase from this website in accordance with the Terms
will hereinafter be known as the Goods
3) The person who places an
order will hereinafter be known as the Customer
4) We, Scented
Shrubs.com Ltd will hereinafter be known as the Seller
5) Terms and conditions of
service and website use will hereinafter be referred to as the Terms
6) Scented
Shrubs.com Ltd will hereinafter be known as ScentedShrubs.com
7) Our presence on the world
wide web, currently accessible via the address www.scentedshrubs.com
will hereinafter be known as the Website
Modifications to
terms
ScentedShrubs.com
reserves the right to modify the Terms from time to time. We will keep the
customer informed of these changes by posting a notification on the website
Homepage. The customer's sole recourse will be to discontinue use of the
website. Continued use of the website indicates the customer's understanding
and acceptance of the modified Terms.
Ordering
You can buy products from us
online. Soon after an order is placed, you will receive an email confirmation
for the transaction amount. This means your bank has authorised the
transaction, but does not guarantee our acceptance of the order. If we accept
your order, we will send you an email confirmation once the goods have been
despatched. Orders will only be processed and shipped if ScentedShrubs.com
deems an order complete. An order is deemed complete if all relevant
information requested throughout the order process has been entered correctly
and the terms and conditions agreed. If the order is deemed incomplete, ScentedShrubs.com
will send an email to the Customer requesting the missing information.
When the information is received by ScentedShrubs.com,
the order will be deemed complete.
We further undertake 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 email 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. 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.
Contract Formation
and Governing Law
No contract will exist
between ScentedShrubs.com and the customer until
and unless ScentedShrubs.com, or one of its
suppliers, despatches the Customer's goods. Acceptance will be deemed complete
and effectively communicated at this time. Ownership of the goods will pass to
the customer on receipt of payment and despatch of the goods from ScentedShrubs.com
or a supplier. Any and all contracts formed will be interpreted,
construed and enforced in all respects in accordance with the laws of England
and Wales. ScentedShrubs.com and the customer
irrevocably submit to the exclusive jurisdiction of the English Courts.
Prices
Prices are those reflected on
the ScentedShrubs.com site. Prices are subject to change from
time to time without notice, however any orders placed at a particular time
will be governed by the prices listed on the ScentedShrubs.com
site at the time of the placing of the order. Quoted prices on the ScentedShrubs.com
website do not include delivery, which are calculated during the
ordering process and added to the order. Prices displayed on the ScentedShrubs.com
site are in British pounds.
Terms of Payment
Payment is required at point
of sale. We will charge your credit card account for payment upon
receipt of order unless delivery cannot be fulfilled within 30 days. Items with
a lead time greater than 30 days will be charged up to 7 days prior to
dispatch. We accept no liability if a delivery is delayed because you did not
give us the right payment details.
Goods will not be despatched until payment is received
and your credit card has been verified. All transactions are processed using a secure server. We accept
the following methods of payment: Visa, Mastercard, Solo, JCB, Maestro and Visa
Electron. 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.
Delivery
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.Deliveries will be handled by third parties, and thus ScentedShrubs.com's
ability to guarantee delivery dates is restricted. However, ScentedShrubs.com
will use their best endeavours to ensure that delivery is made within 30 days. Where delivery dates are given, they are without liability and time is
not the essence of the contract. Deliveries will only be made if the order is
deemed complete.
A delivery charge will be
added to orders. The cost of the postage and packing will be provided to the
Customer at the point of purchase. Currently deliveries are restricted to the
UK mainland.
Legal Disclaimer
The services and all
information, products and other content included in or accessible from this web
site, are provided on an "as is" and "as available" basis
and are subject to change at any time without notice to the Customer. Every
reasonable care has been taken to ensure that the descriptions are accurate.
However there are inevitably slight variations in size, shape and colour
between different specimens. Illustrations, descriptions other information as
to particular products 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. Product descriptions
can be changed by ScentedShrubs.com at any time.
Warranties
We aim to provide high
quality plants and products to our customers. Where the Goods are hardy plants,
we warrant that they are covered by a one-year guarantee. If the plant should
die up to one year after they have been delivered, we will
replace it free of charge. This guarantee does not include any plants damaged
due to lack of watering or lack of proper horticultural care. We will ask for
photo evidence of this prior to agreeing any replacement. You will be charged
for delivery on replacement items.
If we sent you something you hadn't ordered or your
purchase is damaged in transit you can return it within 14 days and either get
a replacement or a refund. Please make sure you give us your order number and
return the item in its original packaging.
If you receive a plant that is in bad condition when you take it out of the
box, contact us immediately. We will then ask you to send us a photographic
evidence. Bear in mind that plants look different depending on what time of
year it is. However, provided that you have contacted us within 7 days of
receiving a plant we agree is damaged we will be happy to arrange for a refund
or replacement.
Using the Website
We do not guarantee that the ScentedShrubs.com
website is free from viruses or other infecting programmes. We will not be
responsible for any losses resulting from your use, or your inability to use
the ScentedShrubs.com website.
Links to Other Sites
ScentedShrubs.com
assumes no responsibility for the contents of any other websites to which the ScentedShrubs.com
website has links and shall not be held responsible or liable for any loss or
damages caused or alleged to have been caused by use of, or reliance on, any
content, goods or services available on such hyper-linked sites. ScentedShrubs.com
may not have control of such websites.
Email Security
You acknowledge that
communication by internet email is unavoidably insecure in limited
circumstances. By contacting ScentedShrubs.com by
email you accept the risk of interception by unauthorised third parties. We
shall not be liable to you for any loss, expense or damage incurred or suffered
by you in connection with such interception.
Returns Procedure
You have a right to cancel
your order for any item purchased through our website. This does not apply to any
item sourced to your specification. To cancel any item, you can email or write
to us within 14 days of the day following delivery of your order being made,
quoting your order number. You must take reasonable care of the item, retain
all original packaging and must not have removed the item from its pot. Any
costs incurred in returning the item are the responsibility of the customer. Until
we receive the goods you are returning, they are your responsibility. For your
protection and peace of mind, we recommend you use a recorded delivery service.
Unless
Customer shall, within 7 days after delivery, inspect the Products and notify ScentedShrubs.com,
by email to feedback@scentedshrubs.com of any defects found, the Products shall be deemed to have been
accepted on delivery. Damages, faulty goods, or loss/shortage in transit must
be notified to ScentedShrubs.com within 7 days of
receipt or expected receipt of order. This does not affect your statutory
rights.
Copyright and
Restrictions of Use on the Website
Reproduction of any part of
the ScentedShrubs.com site for any purpose
excluding the sole purpose of ordering, without the prior written permission of
ScentedShrubs.com is strictly prohibited. The
ScentedShrubs.com logo is copyright ScentedShrubs.com Ltd.
Other product and company names featured on this site may also be the
copyright, trademarks or registered trademarks of their owners. This website is
for personal and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, licence, create derivative
works from, transfer or sell any information obtained from this website.
Breach of these Terms
In the event of the Customer
being in breach of any of these conditions, ScentedShrubs.com
shall be entitled to refuse to supply the Customer with any further goods, or
suspend delivery until all breaches have been remedied.
Limitation of
Liability
ScentedShrubs.com
shall not be liable for any loss or damage sustained or incurred by the
Customer or any Third Party unless it is caused by the negligence or wilful
misconduct of ScentedShrubs.com, its employees and
then only to the extent not excluded by the Agreement. These terms and
conditions do not affect your statutory rights.
Statutory Rights
The ScentedShrubs.com
terms and conditions of sale do not affect your statutory rights, and if any
term of the Agreement is held by any competent authority to be invalid or
unenforceable in whole or in part, the validity of the other provisions of the
Agreement and the remainder of the provisions in question shall not be
affected.
Privacy
ScentedShrubs.com
takes the privacy of our Customers seriously and will not pass on your details
to third parties. 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.
For more information, please review our Privacy Policy.
Complaints
If you wish
to make a complaint about any aspect of our service, please email us at feedback@scentedshrubs.com
General
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.
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.
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.
The headings in these terms
are for convenience only and will not affect their interpretation.
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