The Plantsman’s Nursery

Terms & Conditions

Trading is carried out under the jurisdiction of the U.K. Courts. By purchasing plants from Woottens of Wenhaston LTD through woottensplants.com you enter a legally binding agreement with us on the following terms. It is important that you read and understand these terms because they affect your rights and liabilities

These terms describe the basis for purchase by you and sale by us of the

Plants described on the website.

I. Definitions and Interpretations

Contract

The contract for the sale and purchase of the plants

Delivery Area

All of mainland United Kingdom and some regions outside the UK – see our mail order page for details

Plants

Any items available for purchases on our website

The Website

Our website www.woottensplant.com

The Seller, we, or us

All these terms refer to Woottens of Wenhaston LTD. Our postal address is Woottens Plants, Blackheath Rd, Wenhaston, Halesworth, Suffolk, IP19 9HD.

2. Basis of the Sale

1) An agreement to sell you plants is made on these terms when we accept an order made by you via our website. The description of the goods, the price, and delivery costs are set out on the order page. We will confirm acceptance of your order on screen.  

2) We aim to supply all our customers with strong healthy plants. Normally Auriculas will be supplies in 9cm pots, Pelargoniums in 9cm pots, Iris and Hemerocallis bareroot, and all other herbaceous plants in 2litre pots. There will be at times variation in size between different plants as is inevitable with a living product. All photographs and information on the website are for purposes of guidance only. While we make every effort to take photos, which truly represent the plant, colour will not always be 100% true – in particular it is sometimes difficult to accurately represent different shades of red.

3. Details of the order

1) We  undertake that if we accept your order the plants supplied to you will be true to name and in the quantities specified by yourself in the order.            

2)  Orders are accepted at our sole discretion but are normally accepted if the goods are available, if the order reflects current pricing, if you are based within the current delivery area and if your credit or account card is authorised for the transaction

3) An Order may be cancelled if it is unfairly prejudicial to our business interests.

3) The plants which can be ordered via our website are only available for delivery to you if you are based in our delivery area

4) When despatching we reserve the right not to supply any plants ordered if we are not happy that the plants are of a sufficient quality.  In this event we will endeavour to contact you prior to despatch to agree with you acceptable substitutes. Please, if you can, provide us with a mobile phone number. This can greatly facilitate last minute communications prior to despatch of your plants. If we are unable to contact you prior to despatch we will send only the plants ordered which are of an acceptable standard without substitutes.

4. Price Of The Plants

1) Our plants are not subject to Vat as we are farm registered.

2) Our carriage charges are detailed on the order page and are included in the total price of the order

5. Payment Terms

1) In majority of cases we will charge your credit/debt card for payment on the day of despatch unless the day of dispatch is more than 28days after the order processing date. For example an Iris order placed out of the Iris sending season. In this instance your credit/debt card will be processed immediately.

2) If it is not possible to obtain full payment for the goods from your account on the day of despatch we can cancel the Contract or suspend any further deliveries to you. This will not affect any other rights you may have.

3) We will take reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when ordering from this Web Site, unless this is solely due to our negligence

6. Delivery

1) We will deliver the Plants to the address you specify in your order. We can suggest a ‘safe leaving place’ to our courier but they require your authorisation to carry out this action. This will be indicated to you when you receive an email from the courier on the morning of the delivery providing that you have supplied us with an email address. We cannot in principle accept any liablility or loss or damage to the plants once they have been delivered in accordance with your instructions. As a matter of goodwill however we may chose at our own discretion to replace any plants stolen after delivery free of charge. Please note in our experience such thefts are extremely rare.

2) We will attempt to deliver all plants within seven working days. Please bear in mind Pelargoniums cannot be despatched during very cold weather and Bearded Irises are only despatched from the beginning of August till the end of October. Further details on plants optimum season for delivery is on the ordering page of the website

7. Risk and Ownership

1)Risk of damage to the plants 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.

2)You will only own the plants once they have been successfully delivered and when we have received clear payment in full. Goods supplied are not for resale.

8. Returns Policy

At Woottens of Wenhaston LTD we guarantee to only send you top quality plants and will inspect everything before despatch to make sure it is in good condition. We carefully package all plants to make sure the plants do not get damaged in transit. However if plants do not arrive in perfect condition please ring 01502 478258 between 9.30am and 5pm seven days a week or email info@woottensplants.co.uk  You can also write to Woottens of Wenhaston LTD, Halesworth, Suffolk, IP199HD.

Incorrect Plants

If we send you something you have not ordered and which was not an agreed substitute item, you will be refunded or sent the correct item free of charge

Damage in Transit

If your order is damaged in transit you can return it within fourteen days in its original packaging via our carriers (contact us so we can arrange collection) and you will be either refunded or the plants will be replaced. Please note plants to be returned must be afforded while in your possession any necessary care – eg watering if appropriate. We will bear the cost of the return carriage.

Customer Satisfaction Guarantee
In accordance with Online and Distance selling regulations

If you are for any reason dissatisfied with any of the plants you receive you can return them within fourteen days via our carriers. (contact us so we can arrange collection) and you will be either refunded or the plants will be replaced. Please note plants to be returned must be afforded while in your possession any necessary care – eg watering if appropriate.  You will be required to repackage the plants securely for return. We will bear the cost of the return carriage.

9. Warranties

All plants are guaranteed for a period of twelve months provided basic conditions are met – eg Pelargoniums must be given frost protection in winter and Gunneras could not be expected to survive in dry sandy conditions. You can contact us in this time and we may replace of refund plants at our discretion if we feel that the plants basic conditions have been met

10. Liability

1) We accept unlimited liability for death or personal injury caused by our negligence

2) If you return the plants within fourteen days you will be entitled to a full refund or replacement plants

3) We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profits, anticipated savings or loss of data that your business may suffer. We shall however be liable for losses that you suffer as a result of our breach of contract and that have been contemplated by both you and us at the time the contract is included

4) These terms and conditions do not affect your statutory rights as a consumer

5) We will use reasonable commercial endeavour to keep our website up to date. On occasion however plants advertised on the website may be unavailable for despatch. Photographs on the website are there for guidance. Variations in colour shape and size must be expected.

6) The content of the website is directed solely at those who access the site from addresses within the delivery area.

11. Matters Out of our Control

We will not be liable to you in breach of the contract for delay or failure to perform due to a cause beyond our reasonable control.

12. Copyright

1) All of the written, design and photographic content of the website with the selection and arrangement of it and all software compilations are our copyrighted property or of the people who have granted us the right to use it and is protected as such. All rights reserved.

2) None of this matter may be used without our written permission. You may download or print a single copy for your own non-commercial  off-line viewing.

3) All names, slogans or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trademark is unlawful.

13. Privacy

In placing an order with us it is necessary for us to ask you for an email address a telephone number and a postal address. We promise never to give out this personal information to any third party. We reserve the right to send you from time to time information about our plants by either email or post. If you do not wish to receive such communications please email us at info@woottensplants.co.uk . Your credit card details as placed on the secure Global Payments website and are encrypted with secure server software so they cannot be accessed by anybody else save ourselves.

We are registered under the Data Protection Act. Our registration number is Z6252146.

14. Changes

We reserve the right to make changes to this website and these terms at any time

15. Complaints

If you wish to complain about any aspect of service please email us at info@woottensplants.co.uk

16. General

1) Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid email address and update us if there are any changes to it.

2) 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 any other occasion.

3) To the extent that any provision of these terms is found by a court  or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be 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.

3) The headings in these terms are only for convenience and will not affect their interpretation.

17. Governing Law and Jurisdiction

These terms will be governed by the jurisdiction of the U.K. courts and any disputes will be resolved exclusively by the English courts.

© WOOTTENS OF WENHASTON Ltd 2009 - 2015 | REG: 07240886