Terms and Conditions
By purchasing goods from www.simplysucculents.co.uk you enter a legally binding agreement with us. This contract is made under the following terms and conditions. These terms describe the basis for purchase by you and sale by us of the products described on this website. Please read these terms and conditions carefully as they affect your rights and liabilities under the law.
For the purposes of these conditions the company Simply Succulents, Littlebourne Nurseries, Littlebourne, Canterbury, Kent CT3 1UP, will be referred to by the web address www.simplysucculents.co.uk.
Parties to the contract
The contract is between you (The Buyer) and www.simplysucculents.co.uk (The Seller). The goods shall be the products supplied by the seller to the buyer according to these terms and conditions.
Definitions and interpretation
In these terms the following words have the following meanings.
The contract for the sale and purchase of the goods.
The plants and any additional items (including any instalment of the Goods or any parts for them) which are available for purchase from our website in accordance with the terms;
Our presence on the world wide web, currently accessible via the address www.simplysucculents.co.uk
The Seller, we, or us
Simply Succulents referred to below as www.simplysucculents.co.uk.
Only mainland addresses within England, Wales, and parts of Scotland. All offshore addresses are excluded e.g. Isle of Wight, Isle of Man, Channel Islands and all Scottish offshore islands.
However, if a person wishes to order and they live outside this area then we may be able to agree to make a delivery but it will be at a price to be specified upon receipt of a special request. If such an arrangement is made then the Terms and Conditions described in this document will apply as if the person lived within the 'Delivery Area'. We reserve the right to refuse to deliver outside the 'Delivery Area'.
Basis of the sale
An agreement for us to sell you Goods is made on these terms when we accept an order from you via our website. The description of the Goods, the price, VAT, insurance and delivery costs are set out in the order page. We will confirm acceptance of your order on-screen.
We provide you a clear description of the plants that we sell. However, given that plants are living things we cannot guarantee exact sizes, shapes and colours. Photographs and written descriptions of each type of plant can only be an approximation and are intended for guidance only. We may, at 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.
Details of the order
The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).
Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction.
The Goods which can be ordered via our website are only available for delivery to you if you are based in our Delivery Area.
Price of the Goods
Our charges for postage and packaging are set out on the order page and will be included in the total price for the Goods.
We will charge your credit card account for payment upon receipt of order. Payment must be received prior to dispatch. We accept no liability if a delivery is delayed because you did not give us the right payment details.
If it is not possible to obtain full payment for the Goods from your account prior to dispatching the Goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.
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 unauthorised access to any data, including credit and account details you provide when accessing or ordering from this website.
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.
We will aim to deliver within the quoted time frame but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, and we are aware of it, then we will contact you to advise you that the delivery date will have to be extended.
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 intended for resale.
If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and, if requested, you have returned the Goods within a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.
We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer.
These terms and conditions do not affect your statutory rights as a consumer.
We will use reasonable commercial endeavours to keep the website up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the website are generally accurate but variations in colour, shape and size must be expected.
The content of the website 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 websites to which this website has links.
Whilst we try to ensure the accuracy of the information and prices we display on our website errors can occur. If we discover an error in the price of information describing Goods has been made then we will contact you as soon as possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order.
If we are unable to contact you using the contact details you provided during the ordering process, we will treat the order as cancelled and notify you by email.
If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods, we will give you a full refund within 14 days of cancellation.
Matters outside 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.
All of the written, photographic, design and audio content of the website together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.
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 unauthorised use of a trade mark is unlawful.
We reserve the right to make changes to this website and these terms at any time.
If you wish to complain about any aspect of our service, please email us within 7 days using the contact page:-
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 contact telephone number and tell us of any changes to them.
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 a later occasion.
To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a 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.
The headings in these terms are for convenience only and will not affect their interpretation.
Governing law and jurisdiction
These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.
Unless otherwise stated, any discount codes (including those offered/displayed by third parties) apply to the purchase of succulent plants only and do not apply to postage charges.
We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by You (without liability to You) if We are prevented from or delayed in the carrying on of Our business due to circumstances beyond Our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, You shall be entitled to give notice in writing to Us to terminate the Contract.
Your right to cancel
To cancel an order, please send us an email using the contact page:-
www.simply succulents.co.uk/contact.html with details of the order you are cancelling. A charge may be made if the cancellation is done after the order or a part of the order has been dispatched.
Our right to cancel
We reserve the right to cancel the Contract between us if one or more of the following circumstances occurs:-
If we cancel your order in part or in full you will be notified by email and if possible by telephone, we will refund your credit card or bank account (which ever payment method was used for payment) with the full cost of any cancelled items within 14 days of cancellation. We shall not be held liable to pay any additional compensation for any reason.
For information and guidance on returning items please follow the link below:-