Conditions of Sale ( If in doubt please ask if any queries )
DEFINITIONS AND INTERPRETATION
In these conditions the following words have the following meanings.
Contract - The contract for the sale and purchase of the Goods and or Services.
Delivery Area - Only addresses within the United Kingdom, but excluding the Isle of Wight, Anglesey, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles, are regarded as our ‘normal’ delivery area. However we do ship worldwide.
Goods - The range of plants and products (including any installment of the goods or any parts for them) which are available for purchase from our web site in accordance with the terms. The term 'material's may be used as an alternative.
Services - The range of gardening services and associated horticultural and agricultural activities
The Web Site - Our presence on the World Wide Web, currently accessible via the web addresses www.gb-online.co.uk
The Seller, we, or us - The Seller being Mr. G.V.Bale. Our office is located at 6 Barby Lane, Rugby, Warwickshire, CV22 5QJ tel 01788842906. We are a mail order company and do not accept callers.
The Buyer, you, or your - This being the purchaser of the goods or services
Scion - Is normally a dormant length of shoot, consisting of 6 buds. Its diameter can vary enormously from 3mm to 10mm. In certain circumstances we may supply 2 or 3 short sections. Grape scions are normally 2 or 3 buds only dependent on node distances.
Budwood - We do not normally sell bud wood (current seasons green wood). These consist of 6 buds. Its diameter can vary enormously from 3mm to 10mm. Grape scions are normally 2 or 3 buds only dependent on node distances. As the viability of bud-wood decreases rapidly after being cut, we cannot be liable for the vagaries of the courier service, and for the item not reaching the seller in 1st class condition. As this is out of the hands of the seller, the seller will not be liable in any way.
Bare rooted - Is where a tree is supplied with no soil or pot, and cut to an appropriate height to encourage lateral buds to grow.
Potted - Is where a tree is supplied with soil and in a pot, however on occasions it could be root balled with no pot, and cut to an appropriate height to encourage lateral buds to grow.
Tree - All trees are normally supplied as single stem first year maidens of various heights, normally a maximum of 1m over roots.
Basis of the sale - 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 on our website as a guide. Please inquire via our email address and we will confirm prices in a return email. Your acceptance is required via email or letter. The order is only deemed to be ‘accepted’ when monies have been received and cleared. We aim to give you a clear idea of the nature of the items we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour. Illustrations, descriptions and other information as to particular item is 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.
All goods namely Scions, Budwood, Pollen, Seed, or Plants are for your own personal usage, and shall not be resold in full or in part. The aforementioned goods shall not be used for Commercial gain, Research, Breeding or Training Purposes.
Some goods may be poisonous, or may produce adverse reactions to some people e.g. irritant or deadly. We cannot be held responsible, now or ad infinitum, for any such reactions, therefore it must be assumed that all are dangerous. Always seek medical guidance.
All quotations or estimates are based upon a 7 day validity. We try to make sure that the prices on our website are accurate; however, we will need to validate the prices before we process your order. If we are unable to supply a particular item, which you have ordered, or if the correct price for an item is different from the price on your order, we will notify you as soon as we can after receiving your order. If this happens, you may cancel your order. Please inquire via our email address and we will confirm prices, carriage and delivery in a return email. Your acceptance is required via email or letter. The order is only deemed to be received when monies have been received and cleared. Orders are accepted at our sole discretion, the order reflects current pricing, and you are based in the Delivery Area (not remote). If the price of the Material costs and/or delivery costs and/or currency exchange rates 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.
The buyer is responsible for any applicable import duty, local tax fees and any entry paperwork. Please verify with customs before making your purchase. We do not refund due to customs confiscation or any import charges, we are not liable for any losses, please check with your customs prior to purchase. As shipping of plants and plant material cannot be covered by shipping insurance, we are not liable for any losses or damage.
ORDER CANCELLATION/REFUND POLICY
Should you wish to cancel an order after order has been accepted, a cancellation charge will be chargeable, this being £5.00 UKP or 10% of the order value which ever is the greater. Should we wish to cancel an order at any other time, a full refund will be given. We do not refund orders that are in transit.
If for any reason goods are not up to expectations, we reserve the right to request that any trees are snapped at graft point ie destroyed. Then photo proof to be emailed to us. Upon receipt we will then issue a full refund.
For UK CUSTOMERS Paypal, cheque, BACS, personal cash on collection. Credit Card payment will only be accepted at present via Paypal, for which there maybe an additional surcharge on total price. Cheques and UK Postal Orders (made payable to Mr G.V.Bale) will be banked on receipt of order. Cash only accepted when goods are collected.
For NON UK CUSTOMERS Paypal and BACS are only accepted.
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. Any charge for re-delivery will be charged additional. We will aim to deliver the Goods by the date quoted for delivery, 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. Title to and risk in the goods passes to the Customer on delivery to the Buyer. Depending on the product you have ordered we will send them with a carrier most suited to that product. Because of the nature of the goods, once we have dispatched your goods, the applies on distance selling. This came into effect from 13th June 2014 and supercedes section 13, paragraph 1c of the Consumer Protection (Distance Selling) regulation 2000. Goods that are of perishable nature then your your statutory 14 working days cooling off period is void.
If delivery of goods has been attempted but address is incorrect or nobody present to sign/receive them, and the goods are returned to us by the courier. Buyer will liable for the return delivery charge to us and our handling charge and the re delivery charge. This has to be paid prior to goods being resent. We are not responsible for any deterioration of goods due to prolonged carriage.
Due to Corona virus some processing and delivery of shipments by couriers may be extended. Therefore the seller will not unconditionally guarantee fit for purpose of any plant or scion were any length of delivery is beyond its normally advertised delivery period. As this is out of the hands of the seller, the seller will not be liable in any way.
Where live plants are shipped outside of the UK mainland, we will endeavor to pack the item for the specific delivery service used. However as the delivery times can be protracted, the seller will not be liable in any way for the item not reaching the seller in 1st class condition. As the plants can pass thru extreme changes in temperature, this could adversely affect the plants. This could be due to cold caused by the high altitudes and temperatures in the baggage hold of airlines, or to excessive high temperatures of items stored in vehicles or time. As this is out of the hands of the seller, the seller will not be liable in any way.
DAMAGED IN TRANSIT
Before dispatch, the goods are examined and packed with great care to ensure so that they should arrive in perfect condition.
Goods must be physically inspected prior to signing as received. Do not sign for goods if damaged in transit, refuse delivery and we can claim and send you out a replacement item or refund. If signed for the courier will not accept liability and you will not get a replacement or refund.
Upon finding damage, you must notify us within 3 days of delivery date, and give us the date of arrival of parcel, and nature of defect and legible photos, so that we can make a claim from our courier. Please retain the packaging and contents so they are available for inspection by our couriers representative. Complaints cannot be entertained unless these conditions are adhered to. In due course the goods will be replaced or a refund given. We may arrange for goods to be collected, but you must suitably package the goods.
As goods cannot be insured for damage whilst in transit to non UK customers, the buyer takes full responsibility for any damage.
LOST IN TRANSIT
Should any item be non delivered, ie lost in transit. You are to notify us promptly within 3 days from delivery date. Complaints cannot be entertained unless these conditions are adhered to. In due course the goods will be replaced free of charge or a refund given.
As goods cannot be insured for loss whilst in transit to non UK customers, the buyer takes full responsibility for any losses.
If your item is not in stock upon order placement, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.
We do not disclose or sell any buyers information to third parties. Cookies are used on this website to keep track of the contents of your shopping cart once you have selected an item, to store delivery addresses if the address book is used and to store your details if you select the Remember Me Option. We reserve the right to send regular updates, features, catalogs, product information and site developments and special offers, which may interest you via email or post. You have the right under the Data Protection Act to request a copy of the personal data, which we hold with reference to you on our computer systems, for which there is a charge of £5.00 (for administration costs) payable in advance by invoice. 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 unauthorized 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.
We do not interrogate bounced back emails, due to incorrect email address's or email servers full.
RISK and OWNERSHIP
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. 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.
The storage of rootstocks and scions is the purchasers responsibility upon receipt.
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 manufacturers guarantee, they will meet their specification and will be free from defects in materials and workmanship at the time of delivery.
TRUENESS TO TYPE
We cannot guarantee trueness to type or variety, as there are so many factors beyond our control. These factors include but are not limited to the weather, climate, soil, drainage, trace elements, method of planting, local pests and diseases, location, near the sea or altitude etc. Many of the descriptions are from the countries where they are grown to the max performance.
We also cannot make any warranties to the quality, viability or purity (genetic or mechanical) of the materials. For the avoidance of doubt all materials are sold 'as is' without warranty of merchantability or fitness for a particular purpose.
You as the owner shall be comply with all relevant laws and regulations concerning the disposal of material in the live r dead state.
By using this website you do so at your own risk and neither we nor any associated companies; parent or subsidiary, any of its associates, employees or partners are responsible for any error, accident, hurt feelings or misfortune that should result or be incurred by such usage and or purchase or receipt or care of products, nor is the reliability, functionality or software guaranteed. Neither we nor any of its associated companies; parent or subsidiary, associates, employees or partners will be liable for any amount exceeding that of the monetary value of the item bought by the customer. We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any losses of profit, anticipated savings or data that your business may suffer, or any infringements of third party intellectual property rights. Losses shall also include without limitation financial losses, damages, legal costs, penalties, fines, claims, demands, proceedings or any other expenses of any nature whatsoever.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of us or its content suppliers and protected by UK and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of us and protected by UK and international copyright laws. 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. All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorized use of a trade mark is unlawful.
We give no warranty that we own all necessary property and other rights for any material, and that their use will not infringe any rights owned by any 3rd party.
All items are to be carefully removed from packaging and inspected for damage. If plants etc have been ordered, please refer to instructions supplied with goods or please refer to the ‘growing guide’ located on our website or contact us direct.
If you wish to complain about any aspect of our service, please email us as detailed on the 'Contact Us' page.
Whilst we have taken all reasonable care to ensure that the information contained within the pages of this site is accurate, current and comply with the relevant United Kingdom legislation and regulations as at the date of issue, no liability can be accepted for any errors or omissions, or for this information becoming out of date. We accept no responsibility for information contained in any other web sites which can be accessed by hypertext link from these pages or for these sites not being available at all times. We reserve the right to suspend or withdraw access to the pages of this site without notice at any time and accept no responsibility for these pages not being available at all times. If you are in any doubt as to the accuracy and currency of any information contained within the pages of this site, or if you require any further information, you may wish to contact us directly and take independent advice. By accessing these pages, you shall be deemed to have accepted, and agreed to be bound by the terms of this Important Legal Notice.
English law shall apply to these condition of sale, and English courts shall have exclusive jurisdiction.
These terms and conditions do not affect your statutory rights as a consumer. We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable commercial endeavors 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. The content of the Web Site is directed solely at those who access the site from addresses within the Delivery Area. We assume no responsibility for the contents of any other web sites to which this Web Site has links. 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. 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.
ISSUE - JANUARY 2015