Terms and Conditions for Orders

1. Quality, Quantity, Price, and Description of Products
   The quality, quantity, price, and description of the Products shall correspond to the details provided in your Order as outlined on the Order page of our website or as otherwise confirmed to you in writing for Orders placed by telephone.
2. Delivery Area
   Orders are accepted solely from addresses within our designated Delivery Area. Please verify that your address is within this Delivery Area prior to placing an Order.
3. Representation of Products
   We endeavour to provide accurate representations of the plants offered for sale. However, as living organisms, variations in colour, shape, and size are to be expected. Images and descriptions provided on the website are for guidance only and are not guaranteed to exactly reflect the plants supplied. While we aim to keep all website information current, the details provided are for informational purposes only. We reserve the right to make changes to the website content at any time.
4. Plant Sizes
   All plant size descriptions are approximate. As plants are living and grow individually, there may be slight variations in size. While we strive to ensure that all plants meet at least the minimum size range specified, plants may occasionally be smaller if ordered at the start of the growing season. Conversely, plants may exceed the indicated size range if ordered towards the end of the growing season.
5. Acceptance of Orders
   Orders are subject to acceptance at our sole discretion and are contingent upon product availability. Acceptance of your Order will be confirmed in writing (usually by email), at which point a Contract incorporating these terms will be formed between you and us.

These terms ensure transparency and mutual understanding regarding your Order and our services.

Amendments to Your Order

Should you wish to amend your order placed with EverythingPlants.co.uk, we kindly request that you contact us directly. Upon receipt of your request, we will advise you as to whether the requested amendment can be accommodated.

If the requested amendment is feasible, we will inform you of any implications such as changes to the price, delivery schedule, or any other relevant details arising from the amendment. You will then be required to confirm whether you wish to proceed with the proposed changes.

In the event that the amendment cannot be accommodated, or if the implications of making the amendment are unacceptable to you, you may have the option to terminate the contract in accordance with your statutory rights and the terms of the agreement.

Pricing and Payment Terms

1. Product Pricing
   We will make every effort to supply the Products at the price stated on the Order page at the time of your Order. However, should the price of the Products increase between the date of your Order and the date of despatch, we will notify you of the updated price and request confirmation via email that the new price is acceptable. If you do not accept the revised price, you shall have the right to cancel the Contract without incurring any charges.
2. Packaging and Delivery Charges
   Unless specified otherwise, the charges for packaging and delivery are included in the price displayed on the website. If your Order does not meet the criteria for free delivery, additional delivery charges may apply. For Large Plants & Tree Orders delivery prices may be subject to change than those offered on our site. Should this be the case our team will call you and discuss any changes to delivery costs with you prior to processing your order fully. Please refer to our Delivery Charges Page for further details regarding free delivery eligibility.
3. Payment
   Payment will be charged to your card upon receipt of your Order. We accept most major credit and debit cards as indicated on our website. If your Order is not accepted, any sums charged will be refunded in full. Should we be unable to secure full payment for the Products at the time of the Order, the Order will not be accepted. We accept no liability for delays in delivery arising from incorrect payment details provided by you.
4. VAT Adjustments
   If the applicable VAT rate changes between the date of your Order and the date of supply, the VAT rate applied to your payment will be adjusted accordingly unless full payment for the Product has already been received prior to the VAT rate change.
5. Pricing Errors
   Despite our best efforts, there may be instances where Products are incorrectly priced on the website. Prices are typically verified before Order acceptance. If the correct price of the Product on the Order date is lower than the price stated, we will charge the lower amount. Conversely, if the correct price is higher, we will contact you for instructions before accepting your Order.

Delivery Terms and Conditions

1. Delivery Address and Instructions
   Delivery shall be made to the address specified in your Order. It is your responsibility to ensure that the address provided is accurate and clear, including any specific instructions regarding where the Products should be left in the event that you are not present to receive them. We shall not be liable for any incorrect delivery or damage to the Products arising from inaccurate or incomplete delivery instructions.
2. Delivery Timescales
   If no specific delivery date is agreed upon at the time of placing the Order, we will endeavour to deliver the Products as soon as reasonably practicable, typically within 2-5 working days, and no later than 30 days from the date of Order acceptance. This excludes Products identified on our website as pre-orders with a specified future delivery date.
3. Carrier and External Delays
   We utilise parcel and pallet carrier networks for delivery. We are not responsible for delays or costs incurred due to delays caused by the carrier. If delivery is delayed for reasons beyond our reasonable control, we will notify you as soon as possible to arrange a new delivery date and will endeavour to mitigate the impact of the delay. We are not liable for any losses, including but not limited to loss of revenue, profits, goodwill, or business opportunities, resulting from delivery delays outside our control.
4. Failed Deliveries and Re-Arrangements
   All deliveries are dispatched on a "No Signature Required" basis. If the Products cannot be left at your specified address, we will contact you to re-arrange delivery. If you fail to re-arrange delivery, we may charge storage and additional delivery fees. If we are unable to contact you or arrange delivery despite reasonable efforts, we may terminate the Contract, in which case clause 10.1 will apply.
5. Termination for Late Delivery
   You may terminate the Contract immediately if we have refused to deliver the Products or if you informed us prior to our acceptance of your Order that delivery within a specified delivery date range was essential. Alternatively, you may propose a new delivery date, which must be reasonable. If we fail to meet this revised delivery date, you may treat the Contract as terminated.

In the event that you choose to terminate the Contract due to late delivery, your Order will be cancelled in respect of any undelivered Products, and we will refund any sums paid by you for the cancelled Products, including their basic delivery costs.

1. Faulty Products and Partial Cancellation
   In accordance with clause 7.1, you are entitled to reject delivered Products if they are faulty. You may cancel the Order for specific Products (not all) unless separating them would significantly diminish their value. Upon cancellation, we will refund amounts paid for the returned Products and their basic delivery costs if the entire Order is returned.
2. Packaging and Pallets
   Products are delivered either boxed or on pallets. Packaging, including pallets, will remain with you upon delivery. The disposal of packaging materials is not the responsibility of the courier. For larger orders delivered on pallets, the pallets will be left at the delivery location accessible to the couriers. Drivers are not responsible for unloading plants or providing planting services.

These terms are intended to ensure clarity and mutual understanding regarding delivery obligations and liabilities.

Ownership, Responsibility, and Compliance with Legal Restrictions

1. Responsibility for Products
   Responsibility for the Products passes to you at the time of delivery. From this point forward, any loss or damage to the Products is at your risk. You are also responsible for the care, maintenance, and welfare of all plants following delivery.
2. Ownership of Products
   Ownership of the Products will transfer to you only upon our receipt of payment in full for the relevant Order.
3. Legal Restrictions on Specific Species
   Please note that EverythingPlants.co.uk sells Rosa rugosa, Cotoneaster simonsii, and Cotoneaster horizontalis solely for planting in private gardens. These species must not be planted in the wild, in compliance with Section 14 of the Wildlife and Countryside Act 1981, as listed under Schedule 9, Part 2. It is your responsibility to ensure adherence to these legal requirements.

Conformance with the Contract and Returns Policy

1. Legal Duty: We are legally obligated to supply Products that conform to the terms of this Contract. All plants are thoroughly inspected prior to despatch; however, we acknowledge that occasional issues may arise.
2. Non-Conforming Products: If the Products delivered do not match your Order, you are entitled to return them. To initiate a return for non-conforming Products, please contact our helpdesk immediately at sales@everythingplants.co.uk. You will be required to provide photographic evidence to verify the condition or issue with the Products.
3. Exclusions for Perishable Goods: In accordance with the Consumer Contracts Regulations 2013, you are not entitled to return perishable goods including but not limited to plants, trees, and turf if purchased in error, over-bought, or no longer required. For non-perishable goods, the cost of return and the original delivery charges will be borne by you. Please contact our service team for further details on return charges and arrangements.
4. 12-Month Plant Guarantee: We offer a 12-month guarantee on all plants, subject to the following qualifying conditions: In order to ensure your plants are given the best possible start, your 12-month plant guarantee becomes affective on purchasing 'Rootgrow' to be used in the initial planting phase, plus one other recommended secondary plant feed (either Seaweed Bio-stimulant, Bone Meal, or After Plant product). Purchases of these growth and care enhancing products must be made at the time of plants purchase, and in accordance with following our recommended planting guidelines, all plants purchased will be immediately covered under our 12-Month plant guarantee. Please see Our 12-Month Plant Guarantee page for further details.
5. Statutory Rights
   Nothing in these Terms affects your statutory legal rights.

Termination of the Contract

1. Your Right to Terminate
   You may terminate the Contract in the following circumstances: 8.1.1   we have told you about an upcoming change to the Products or these Terms which you do not agree to;
   8.1.2   we have told you about an error in the price or description of the Products you have Ordered and you do not wish to proceed;
   8.1.3   there is a risk that supply of the Products may be significantly delayed because of events outside our control;
   8.1.4   we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for more than 30 days; or
   8.1.5   you have a legal right to end the Contract because of something we have done wrong.
2. Legal Right to Change Your Mind
   For most Products purchased online or by telephone, you have a legal right to change your mind and terminate the Contract within 14 days of receiving the Products. Upon termination, you will be entitled to a refund of the price paid for the Products and any delivery costs.
3. Cancellation and Return of Surplus or Unwanted Items
   Where Products are cancelled and returned due to being surplus, no longer required, or purchased in error, collection costs and the original delivery charges will be incurred. Please refer to clause 7.2 for further details.

Ending the Contract

1. Notification of Termination
   To terminate the Contract, you must inform us by telephone, email, or post. If you wish to exercise your right to change your mind under clause 8.2, you must inform us in writing at the following email: sales@everythingplants.co.uk.
2. Return of Products
   If you terminate the Contract after the Products have been dispatched or received, you are required to return them to us. Please contact us to arrange for the collection of the Products. If you are exercising your right to change your mind, the Products must be sent back within 14 days of notifying us of your decision to end the Contract.
3. Return Costs & Refunds
   Any refunds owed to you will be processed as promptly as possible. If you are exercising your right to change your mind, your refund will be issued within 14 days of notifying us of your decision.

Termination of the Contract by Us

1. Grounds for Termination
   We may terminate the Contract for a Product at any time by providing written notice to you in the following circumstances:
   10.1.1   you do not make payment within 30 days of us reminding you that payment is due;
   10.1.2   you do not, within a reasonable time, provide us with necessary information e.g. your delivery address;
   10.1.3   you do not, within a reasonable time, allow us to deliver the Products to you. In this case, we will refund any money paid in advance for Products not yet provided, however, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching the contract, which can include unreasonable use of the Product if this needs to be repackaged or reduced in price to resell.
2. Refund and Compensation
   If we terminate the Contract we will refund any sums you have paid in advance for Products that have not yet been provided. However, we reserve the right to deduct or charge you reasonable compensation for net costs incurred as a result of your breach of the Contract, including but not limited to costs arising from unreasonable use of the Products, repackaging, or any reduction in price required for resale.
3. Withdrawal of Products
   We may also terminate the Contract if we decide to withdraw the Products. In such cases, we will notify you in writing and refund any sums you have paid in advance for Products that will not be supplied.

Responsibility for Loss or Damage
If we fail to comply with these terms, we shall be liable for any loss or damage you suffer that is a foreseeable result of our breach of this Contract or our failure to exercise reasonable care and skill. However, we shall not be liable for any loss or damage that is not foreseeable. Loss or damage is deemed foreseeable if, at the time the Contract was entered into, it was either obvious that it would occur or both parties knew that it might occur, for example, if it was discussed during the sales process.

Exclusion of Liability
We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes, but is not limited to, liability for:

Death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors;

Fraud or fraudulent misrepresentation;

Breach of your legal rights concerning the Products; and

Defective Products under the Consumer Protection Act 1987.

Limitation of Liability for Commercial Use
We supply the Products solely for domestic and private use. If the Products are used for any commercial, business, or resale purpose, we shall not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Intellectual Property and Use of Material

1. Use of Material
   None of the material on our website may be used without our prior written consent. However, you are permitted to print a copy of pages related to your Order for personal use. Any unauthorised use of our trademarks or copyrighted material is unlawful.
2. Linked Websites
   We accept no responsibility for the accuracy or content of any websites linked to our website.
3. Copyright Ownership
   The copyright of EverythingPlants.co.uk is owned by Bannister Hall Ltd.

Data Security and Use of Personal Information

1. Data Security
   We will exercise all reasonable care to safeguard the information provided for your Order. However, we cannot be held liable for any loss you may suffer if unauthorized access to your data, including your credit card information, occurs during your access to or placement of an Order on our website, where such access is due to factors beyond our control.
2. Use of Personal Information
   The personal information you provide will be used to supply the Products to you, process your payment, and provide you with information about similar Products we offer. You may opt out of receiving such communications at any time by contacting us.
3. Disclosure to Third Parties
   We will only disclose your personal information to third parties when required or permitted by law.
4. Call Monitoring
   Both inbound and outbound calls may be recorded for quality assurance and training purposes.

Assignment, Rights, and Governing Law

1. Transfer of Rights and Obligations
   We may transfer our rights and obligations under these Terms to another organisation. We will notify you in writing if such a transfer occurs and ensure that it will not affect your rights under the Contract. You may only transfer your rights or obligations under these Terms to another person with our prior written consent, which we will not unreasonably withhold. No third party shall have any rights under this Contract.
2. Severability
   If any part of these Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3. Failure to Enforce
   Our failure to insist upon immediate performance or our delay in taking action in respect of any breach of these Terms shall not be deemed a waiver of any rights under this Contract. We may still take appropriate action at a later time in relation to any breach.
4. Governing Law and Jurisdiction
   This Contract shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under or in connection with this Contract shall be subject to the exclusive jurisdiction of the English courts. If you are a resident of Scotland, you may bring legal proceedings in respect of the Products in either the Scottish or English courts. If you are a resident of Northern Ireland, you may bring legal proceedings in respect of the Products in either the Northern Irish or English courts.
5. Communication
   We may contact you by telephone or by writing to the email or postal address you have provided.
6. Contact Details
   Our contact details are as follows:

Telephone: 0330 236 7330
Email: sales@everythingplants.co.uk
Postal Address: Everything Plants, Bannister Hall Ltd, Potter Lane, Higher Walton, Lancashire, PR5 4EN
Company Number: 09008648
VAT Registration Number: 483214454