Cumbria Wildflowers Limited – Terms and Conditions of Sale
These Terms and Conditions govern the supply of goods by Cumbria Wildflowers Limited pursuant to website orders and orders placed by telephone, post or e-mail. Defined terms are capitalised and definitions appear at the end of this document.
1. Contract Process
a. Where You submit Your Order to Us on our Website or by e-mailing Your Order direct to Us at firstname.lastname@example.org :
i. You will receive an electronic confirmation of receipt of your Order and of the details of Your Order as soon as is reasonably practicable. You will be notified separately if the Goods are unavailable or if Your Order cannot be fulfilled for any other reason.
ii. If at any time you wish to alter the details of your Order, please contact email@example.com . You will not be able to alter the details of the Order once the Order has been placed in our order processing system (This does not affect the rights of Consumers set out in clause 9 below).
iii. No binding contract is formed until We have placed the Order in our order processing system.
b. Where You submit Your Order to Us by telephone or by post:
i. You will be notified if the Goods are unavailable or if your Order cannot be fulfilled for any other reason.
ii. No binding contract is formed until We have placed the Order in our order processing system.
c. We will retain a copy of the Contract for one year in the case of all orders other than Standing Orders, the Contracts for which will be kept for 5-6 years. We strongly advise You to keep a copy for Your own records.
2. Obligation to Supply
a. We are only liable to supply You with those Goods which:
i. You describe accurately in your Order; and
ii. are in stock at the time of receipt of Your Order.
b. Where You do not accurately describe the Goods, We will use Our reasonable endeavours to supply the correct Goods but You shall not rely on Our skill and judgment in selecting the Goods. We will accept the return of the Goods to Us and issue You a refund/credit invoice if the Goods delivered do not match the description given in Your Order. Where a card payment was made, a credit will be raised on the card used to make the payment for original order.
a. We will despatch the Goods to an address in the United Kingdom during normal business hours within 14 days (or six weeks in the case of Goods supplied by an Agency Publisher) of the date of receipt of your Order, or the publication date of the Goods (whichever is the later)
b. Where the delivery address is outside the United Kingdom, we will charge carriage at cost. This will be greater than the charge which appears on our website. We will despatch the Goods, import restrictions permitting, within 14 days (or six weeks in the case of Goods supplied by an Agency Publisher) of receiving Your Order.
c. In either case, We will, unless otherwise agreed, despatch the Goods our usual method which will be post, courier, or pallet delivery. You will be advised of carriage charge on our website when you place your order, or by phone, or email prior to despatch. if You request delivery by any other method We will advise You of our handling charge.
d. Where We cannot deliver, whether due to a Force Majeure Event or otherwise, in accordance with the timescales envisaged at 3(a) and 3(b) above, We will advise You and give You the option to cancel Your Order or to accept a revised delivery date. We may make a partial delivery of your Order where not all items are available.
e. We will arrange the return of the Goods and issue You a credit where We are responsible, and You have been charged, for a duplicated delivery.
f. We may refuse to accept the return of any duplicate Order or to issue You a credit invoice where, in our reasonable opinion, the Goods were delivered in accordance with a valid Order. In those circumstances, unless we agree otherwise, You will remain liable to pay Us the Price together with the delivery fee and any other applicable taxes or duties in accordance with clause 7.
g. Where We do accept the return of duplicated Goods delivered in accordance with a valid Order, We reserve the right to apply an administration charge of 5% of the total value of the Order or £10, whichever is the greater.
h. Nothing in this clause 3 affects the rights of Consumers as set out in Clause 9 below.
4. Damage or Loss in Transit
a. We will replace at no extra cost to You any Goods (including Goods despatched under a Standing Order or a Subscription) damaged on or before delivery, provided that You notify Us of the damage by telephone or in writing as soon as is reasonably possible after receipt of the Goods.
b. Subject to clause 4(a) above, We will replace at no extra cost to You, any Goods which in Our reasonable opinion have been lost in transit provided that You notify us by telephone or in writing if the Goods fail to arrive within 28 days after the anticipated delivery date.
c. Where Goods are despatched to You direct from Agency Publishers, the Agency Publisher's policy as regards all claims for items damaged or lost in transit shall apply.
5. Ownership of the Goods
a. Ownership of the Goods will not pass to You until We have received full payment for them.
b. Until ownership of the Goods has passed to You:
i. You are responsible for taking all necessary steps to prevent damage, loss or harm to the Goods and you shall insure the Goods at Your expense and for Our benefit; and
ii. You will hold the Goods as bailee and will resell them on Our behalf as Our agent if we instruct you to do so.
c. If You become insolvent before We have received full payment for the Goods, We may take the Goods back at Your expense. In the event that You become insolvent, You authorise Us or Our agents or representatives to enter Your premises in order to take back the Goods or to inspect the Goods.
a. Subject to clause 6(b), We warrant that the Goods are of a satisfactory quality and reasonably fit for their normal purpose. We do not give any other warranties in respect of the Goods, their condition or delivery, and any warranties implied by statute are excluded to the fullest extent permissible under law.
b. We do not offer any warranties as to the accuracy or completeness of the information contained in any of the Goods.
c. These Terms and Conditions do not affect any statutory rights You may have.
d. If you believe that the Goods are not of a satisfactory quality, You may, within 7 days of delivery, notify Us in writing stating the reason for Your dissatisfaction. If we authorise return of the Goods and they are returned to Us in their original condition and at Your expense, We will promptly replace them or refund the Price of such Goods.
Cumbria Wildflowers is the trading name of Cumbria Wildflowers Limited. Director: Jonathan Rook Ad.Dip Env.Sc, MIEnvSc. Cumbria Wildflowers Limited, Registered in England. Company No. 6146023.Registered Office: The Stables, Great Orton, Carlisle, CA5 6NA.