Terms and Conditions
As we accept your order and make a legally enforceable agreement without further reference to you, you should ensure that you read and understand these Terms and Conditions.
1. These Terms and Conditions will apply to the Distance Selling purchase of the goods by you (the Customer or you). We are EAST OF EDEN PLANTS, who operate using the website www.eastofedenplants.co.uk; our main office is at 38 St Andrews Street, Millbrook PL10 1BE with email address: [email protected] ; telephone number 01752 822782).
London address - 3 St Mary's Ave, Teddington, TW11 0HZ
2. These are the terms on which we sell Distance Selling Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website www. eastofedenplants.co.uk on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
21. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
24. The price of the Goods or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
Note: Additional delivery costs may be requested for areas outside our standard delivery areas. (See 27 below)
25. Prices and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery (These Terms and Conditions should be read alongside, and are in addition to our policies, including our Standard Delivery policy)
27. We do not generally deliver to addresses outside England and Wales, Scotland. Additional costs may be requested for delivery to the Outer hebrides, Scottish islands, Northern Ireland, the Isle of Man and Channels Islands. If we accept an Order for delivery outside England, Wales and Scotland you may need to pay import duties or other taxes, as we will not pay them.
28. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
29. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
· a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
· b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
30. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
31. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods, excluding the cost of the delivery back to our warehouse if they were already dispatched. If the Goods have been delivered, you must return them to us at your own charge and responsibility.
32. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
35. If goods are delivered via pallet courier services, they will be delivered on a wooden pallet and left kerbside. It’s your responsibility to unpack and move goods to your premises.
36. The Goods will become your responsibility from the completion of delivery or Customer collection.
37. You must examine the Goods for damages before accepting them and signing any proof of delivery. Otherwise we can’t accept and process any claims for damages of goods.
Risk and Title
38. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
39. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
40. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
41. For items specifically stated within the website as having a 30 day cancellation option, you can cancel the Contract by telling us no later than 30 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to our specified business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
42. This is a distance contract (as defined below) which has the cancellation rights (under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
· a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
· b. goods that are made to your specifications or are clearly personalised;
· c. goods which are liable to deteriorate or expire rapidly (including plants).
43. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances: a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to return and/or cancel
44. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days of receipt without giving any reason. (This may include goods not meeting your requirement as to size, colour, condition or quality.)
45. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
46. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). In any event, you must be able to show clear evidence of when the cancellation was made.
47. You can also electronically fill in and submit the website’s standard contact form on our website www.eastofedenplants.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
49. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). However please advise us if you would like goods to be replaced or a credit provided for future transactions.
Deduction for Goods supplied
50. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
51. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
· a. 14 days after the day we receive back from you any Goods supplied, or
· b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
52. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
53. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
54. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us to our specified business premises without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
55. All authorized returned products must be unused and re-saleable, in factory-original shipping cartons and must be complete with all packing materials.
56. All authorized pallet delivery returns must be packaged accordingly which includes shrink-wrap, straps and bubble-wrap, they must be effectively transported without any movement or damage.
57. Damaged items received from transit will not be refunded. We will provide adequate images so the customer can make a claim on the insured item via their chosen courier. Please complete the insurance paperwork and provide your courier the images we supply. We will keep all packaging and items as they are received for 5 working days and then after that they are disposed of.
58. Damaged items received can be collected from our warehouse with an appointment within the 5 working day criteria. We are happy to supply goods back to the courier for further inspection, please book this in with us in advance. We will not hand over any damaged goods to any courier without permissions in writing or verbal from the customer.
59. We will aim to collect most of the damaged units if it is cost effective for the business to do so. we can not be held liable for any damages in transit.
60. We may ask you to dispose of the unit without costs to us on our behalf if we are unable to collect for any reason.
61. For the purposes of these Cancellation Rights, these words have the following meanings:
· a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
· b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
62. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
63. Upon delivery, the Goods will:
· a. be of satisfactory quality;
· b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
· c. conform to their description.
64. It is not a failure to conform if the failure has its origin in your materials.
65. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
Successors and our sub-contractors
66. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.
Disclaimer of Warranties; Limitation of Liability
67. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
68. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
69. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
70. In no case shall East Of Eden Plants., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
71. East Of Eden Plants is not liable for its contractors, courier companies and services (online or offline) it uses. You need to contact them directly if any case arises. We will provide contact details for such parties.
Circumstances beyond the control of either party
72. In the event of any failure by a party because of something beyond its reasonable control:
· a. the party will advise the other party as soon as reasonably practicable; and
· b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
Privacy and Cookies
73. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
75. For the purposes of these Terms and Conditions
· a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
· b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
· c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
76. We are the Data Controller of the Personal Data we process in providing Goods to you.
77. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
· a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
· b. we will only Process Personal Data for the purposes identified;
· c. we will respect your rights in relation to your Personal Data; and
· d. we will implement technical and organisational measures to ensure your Personal Data is secure.
78. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: [email protected]
79.We may use your personal data to contact and notify you by e-mail and push-notification. You can unsubscribe by sending us an email [email protected]. or by clicking the unsubscribe button at the bottom of each email.
80. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Errors, Inaccuracies and Omissions
81. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
82. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Products or Services
83. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
84. We have made every effort to display as accurately as possible the colours and images of our products that appear at Online Shop. We cannot guarantee that your computer monitor's display of any colour will be accurate.
85. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
86. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Governing law, jurisdiction and complaints
87. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
88. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
89. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 2 working days.
Limitation Of Liability
90. While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. We make no warranty that this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
Matters Beyond Our Control
We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
91. All content included on the website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of East Of Eden Plants, our affiliates or other relevant third parties.
By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given our express written permission to do so.
Changes to the Service and these Terms and Conditions
92. We reserve the right to change the website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes.
If we are required to make any changes to these Terms and Conditions pertaining to the sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Links To Other Websites
93. This website may contain links to other sites. Unless expressly stated, these sites are not under the control of East Of Eden Plants or that of our affiliates.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
94. In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
95. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Previous Terms and Conditions
96. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Third Party Rights
97. Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and East Of Eden Plants.
East of Eden Plants,
South West address - 38 St Andrews Street, Millbrook, Torpoint PL10 1BE
London Address - 3 St Mary's Avenue, Teddington. TW11 0HZ
VAT Reg. No 879 6139 63
Your name *