This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website ("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
By clicking on the confirm order button at checkout you are agreeing to our terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
1.1 - Plant Pots Direct is a site operated by Plant Pots Direct ("we"). Our main trading address is 3a Valley Road, Pudsey, Leeds, West Yorkshire LS28 9ER. We are not currently VAT registered.
2. Service availability
2.1 - Our site is only intended for use by people resident in the Serviced Countries in the drop down list on the checkout page. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries.
3. Your status
3.1 - By placing an order through our site, you warrant that:
3.1.1 - You are legally capable of entering into binding contracts;
3.1.2 - You are at least 18 years old;
3.1.3 - You are resident in one of the Serviced Countries; and
3.1.4 - You are accessing our site from that country.
4. How the contract is formed between you and us
4.1 - After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Despatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Despatch Confirmation.
4.2 - The Contract will relate only to those Products whose dispatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
5. Our status
5.1 - We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. Consumer rights
6.1 - If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
6.2 - To cancel a contract, you must inform us in writing either by our contact form (contact form) or to our trading address, you must keep a record of this email. Please send your completed returns form back with the delivery. If you send a return to us without a returns form you will pay a £12 administration fee to cover the extra work involved in processing your return. Orders cannot be cancelled once the order has been given to our warehouse for picking and packing. If you no longer require the goods that have entered our warehouse system you will have to return them under our Returns Policy (Clause 10 below). Please note that if you return the goods within 7 days in accordance with the Distance Selling Regulations then no restocking charge will be made.
6.3 - You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. We are unable to refund/exchange Special Order items.
6.4 - This provision does not affect your statutory rights.
7. Availability and delivery
7.1 - Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 7 days of the date of the Despatch Confirmation, unless there are exceptional circumstances. Generally, despatch is 2-4 working days from receipt of the order.
7.2 - If you refuse a delivery of an item you will be charged for the return and the redelivery of those items by way of a restocking charge, please follow our returns policy if you would like to return or exchange an item.
7.3 - A claim by you which is based on any defect in the quality or condition of the products or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to us within 72 hours from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.
8. Risk and title
8.1 - The Products will be at your risk from the time of delivery.
8.2 - Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. Price and payment
9.1 - The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 - These prices include VAT. Delivery information is set out in our Delivery Information guide.
9.3 - Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
9.4 - Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 - We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 - Payment for all Products must be by credit card (via Sagepay), debit card (via Sagepay), Bank Transfer, personnal cheque and Cash (collection only). We also accept payment with [Visa, Mastercard, Maestro, Delta, Electron] via Paypal.
10. Our refunds policy
10.1 - If you change your mind about the product you must return the item within 14 days of delivery, after informing us via our contact form (contact form). When you return a Product to us:
10.1.1 - Because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, excluding any postage or package costs. You will be responsible for the cost of returning the item to us.
10.1.2 - For any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.1.3 - Returns must be made and confirmed via our contact form (contact form). We will email about your order and instruct you about the process. We recommend sending returned products in a secure method depending on the returning item and take out any carrier insurance if available.
10.2 - We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. Written communications
11.1 - Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.1 - All notices given by you to us must be given to Plant Pots Direct, 3a Valley Road, Pudsey, Leeds, West Yorkshire, LS28 9ER or via our contact form (contact form) We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of rights and obligations
13.1 - The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 - You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 - We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Events outside our control
14.1 - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
14.2 - A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 - Strikes, lock-outs or other industrial action.
14.2.2 - Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.2.3 - Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
14.2.4 - Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2.5 - Impossibility of the use of public or private telecommunications networks.
14.2.6 - The acts, decrees, legislation, regulations or restrictions of any government.
14.3 - Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 - If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 - A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 - No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
16.1 - If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
17.1 - These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 - We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 - Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. Our right to vary these terms and conditions
18.1 - We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 - You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. Law and jurisdiction
19.1 - Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Last Updated (5th November 2012)