Terms & Conditions
Sending Your Gift - Helpful Information
We value your business and want to make the process of choosing, buying and sending your gift as easy as possible, so here are some key points to help you:
- We only currently accept orders from UK based customers for delivery to UK addresses. Conditions apply to some services (see Next Day Delivery below)
- Total postage and packing charges are always confirmed on the checkout page. You can therefore clearly see the total costs you will be charged BEFORE you enter your personal or credit card details.
- If there will be any delay in dispatching your order to you, we will contact you by email to ensure you are kept informed.
- Customer Services. If you want to discuss any aspect of this process with us then please e-mail to info@gardengiftcompany.com or call us on Tel: 05603 111519 where you can leave a message if there is no reply. Please remember that we may be dealing with orders that have to be out by a deadline and therefore unable to answer your query immediately but we will get back to you as soon as we possibly can.
You can choose from four different delivery options provided by Parcelforce :
Express48 - Your gift will arrive within two working days
Express24 - Your gift will arrive on the next working day
Express48+SAT - Your gift will arrive within two working days including a Saturday
Express24+SAT - Your gift will arrive on the next working day including a Saturday
(Please check Detailed Terms and Conditions to see restrictions regarding next day delivery and other conditions)
For next day deliveries you must submit your order to us no later than 12pm the previous day.
We want our plants to arrive in peak condition, which means spending minimum time in the box. Therefore we would recommend you choose 'Next Day Delivery' where possible and avoid Monday deliveries, unless there is a very special reason, because they are despatched on Friday. Alternatively you can use the Express 24 including a Saturday delivery option. (The same thing applies on a Tuesday after a Bank Holiday).
Once you've bought your gift, you will receive a confirmation email.
Below are the terms and conditions, which govern orders through this web site. By ordering the products you are acknowledging that you understand and agree to be bound by the terms and conditions set out below.
The following detailed terms and conditions do not affect your statutory rights as outlined in the UK Distance Selling Regulations.
1. General
We only currently accept orders from UK based customers for delivery to UK addresses. Conditions apply to some services (see Next Day Delivery below).
All transactions will be carried out in UK £ Sterling.
Any reference to The Garden Gift Company/Seller/We/Us shall mean The Garden Gift Company Ltd of 9 Culter House Road., Aberdeenshire, AB13 0EN, who sell or supply Plants as Gifts in the course of their trade or business.
Any reference to You/Buyer/Purchaser/Customer shall mean the person detailed on the billing details of the checkout page and the sales invoice.
We are committed to protecting your privacy. We only use the information we collect about you lawfully (in accordance with the Data Protection Act 1998). We will not pass your details on to any third parties.
These terms and conditions do not affect your statutory rights as a consumer. Transactions are governed by Scottish Law and any dispute in transactions will be settled by Scottish Law.
2. Orders
You will be sent an automated order confirmation email if your order has been successful. This email will contain order details and a transaction reference number. When you receive an email confirmation of order from us, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
If there will be any delay in dispatching your order to you, we will contact you by email to ensure you are kept informed.
Substitution. We advertise what we know to be available, however should we consider that the quality of the plant you have ordered is sub-standard at the time of picking then we reserve the right to substitute another plant of equal value. We will always try to choose something that has similar attributes to the plant you have chosen.
This website operates on an 'invitation to treat' basis and not as an 'offer for sale'. As a result, The Garden Gift Company Ltd., reserves the right to decline orders for bulk or high value purchases.
We may also refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
We retain the right to cancel any order at any time. If payment has been made, we will provide a full refund immediately.
We accept Credit Card and Debit Card payments. Cards we accept are: VISA Credit, VISA Debit, VISA Electron, MasterCard Credit, MasterCard Debit, JCB, Maestro and Solo. The goods will not be delivered until the customer's funds have been paid to The Garden Gift Company Ltd., and cleared in full.
Total postage and packing charges are always confirmed on the checkout page. You can therefore clearly see the total costs you will be charged BEFORE you enter your personal or credit card details.
Please ensure that someone will be available to sign for delivery of the plant/s on the expected delivery date as, if no one is available to sign, the plant goes back to the depot for redelivery on the next working day.
You must notify us within 24 hours of receipt to make a claim of any damage or shortages.
3. Payment & Security
All transactions will be carried out in UK £ Sterling. You must pay for the products using a valid credit card or debit card. Placing your order online at our site is completely safe. All credit and debit card transactions conducted through our website are processed by Worldpay, one of the Internet's leading payment service providers, using 128-bit SSL encryption technology. This ensures a completely safe and secure shopping environment for you.
Your card details will be requested after you submit the order form. After clicking the "Send Order" button you will be taken to our Worldpay payment window, which displays the secure padlock icon at the bottom of the browser window, so you will know that you are on a secure page. Your payment details will be securely encrypted and cannot be read or accessed by anyone - and that includes us. We never see or have access to your card details at any time. For your additional security and peace of mind we do not store your card details either.
Our Fraud Prevention Policy
We carry out stringent anti-fraud checks on every order and use the latest anti-fraud technologies. Your billing address and postcode will be verified against your credit/debit card number and you will need to provide the three-digit CVV Security Code on the back of the card. In addition we carry out rigorous manual checks against every order. If we suspect a fraudulent transaction to have taken place we reserve the right to suspend acceptance of the order or to reject it entirely. We may contact you personally to request additional proof of card ownership before accepting your order.
4. Descriptions & Prices
The plant photographs on this website demonstrate the main attributes of the plant to be sold, however the plant may look different when it arrives, to the photograph, depending upon the time of year it is sold and delivered to you. For example, some plants lose all their leaves in autumn and don’t grow these again until early springtime, so the plant may arrive bearing no leaves. Most plants only flower once during the growing season and so it is quite possible that there will be no blooms on the plant when it arrives.
We do our best to provide information regarding the flowering period and whether the plant is deciduous (its leaves fall off during winter) and whether it is evergreen (the leaves stay on all year round) but if in doubt, please contact us by email and we will do our best to help you.
We do our utmost to keep all prices and information on this website up to date. However, occasionally information from our suppliers can change at short notice, so we must reserve the right to alter specifications and prices on the website at short notice. In the rare event that the price of an item ordered through the on-line shop has changed we shall endeavour to hold to the price shown at the time of ordering. However, in cases where there is a substantial increase we shall contact you to agree a new price before accepting payment. If you do not wish to agree to the new price then we reserve the right to withdraw from the transaction.
We will not be held responsible for pricing errors due to software mal-functions, or human error.
Mistakes can occasionally occur with descriptions or prices quoted on our website or in email or phone quotations. We reserve the right to correct these and will always inform you before proceeding with your order. We are not bound to the price quoted at time of ordering until you have received both the goods and an invoice.
5. Deliveries
Goods will be despatched as soon as possible after receipt of order. We will endeavour to have your order with you within 2-3 days from ordering, unless you have requested next day delivery (conditions apply) but we reserve the right to supply up to a maximum of 28 days.
Next Day Delivery (Conditions apply)
NEXT WORKING day delivery orders must be made by 12pm the previous day. Please note, the service is next WORKING day so if you order something on a FRIDAY for NEXT WORKING DAY delivery then it will not arrive until the following MONDAY. If you need it to arrive on the Saturday you should therefore select one of the NEXT DAY SATURDAY DELIVERY shipping options.
NOTE! Exceptions apply when sending to certain areas. Please check the "Parcelforce Worldwide sending options within the UK" page to check your postcode for any restrictions regarding next day delivery and other conditions. Please also see this section of the Parcelforce Worldwide site for further conditions.
Late Deliveries - If you have ordered a ‘next day’ delivery and the order arrives later than this, we will refund the cost of this aspect of the service. The postal address must be 100% correct and arrangements for receipt of the delivery must be clear on your order form. The exception to this would be extreme weather conditions, which we would consider to be ‘Force Majeure’ and therefore outwith our control or the control of our courier, in which case no refund will be due.
If a product is out of stock you will be advised by e-mail, and offered a substitute where possible. When we quote delivery times it is in "working days". This means any day excluding Saturday, Sunday and public holidays, such as, Good Friday and Christmas Day or any other day on which The Garden Gift Company Ltd or the Courier network is closed.
We want our plants to arrive in peak condition, which means spending minimum time in the box. Therefore we would recommend you avoid Monday deliveries, unless there is a very special reason, because they are despatched on Friday. (The same thing applies on a Tuesday after a Bank Holiday). Please remember that this can differ in different parts of the country.
Parcelforce Worldwide is our designated courier, hereinafter called the Courier. We want to make sure your gift arrives in peak condition so please read the following carefully.
Delivery, Refunds and Damages
5.1 The Courier undertakes to deliver to an address specified in the despatch documentation, not to a specific person.
5.2 If there is no-one present at the address then: The Customer acknowledges and agrees that the Courier may at its discretion attempt to deliver the Consignment to a neighbouring address within a reasonable distance of the delivery address; and if this occurs, a Customer Contact Card shall be left at the specified address; and the Customer agrees that such delivery shall constitute delivery to the address specified as the delivery address in the despatch documentation.
5.3 The Courier does not undertake to intercept a Consignment in transit before delivery has been attempted.
5.4 The Garden Gift Company Ltd, shall not be liable in respect of any Consignment delivered to the delivery address or other address specified by the addressee, where any person misrepresents his authority to receive a Consignment on the addressee’s or Customer’s behalf, or where the courier is delivering it in accordance with instructions from, or purporting to be from the addressee.
5.5 On delivery of a Consignment the courier will request the person who accepts delivery (not necessarily the addressee in person) to sign an acknowledgement receipt, which may include signature by electronic means. Copies of such receipt shall be available for a period of six months from the date of delivery, subject to payment of the charge as then published.
5.6 Where the Courier attempts to deliver a Consignment to the address shown on the Consignment despatch documentation and for whatever reason delivery cannot be achieved (including unreasonable delay in acceptance at that address) then delivery shall be deemed to have taken place at the time when the Consignment is first presented to that address for delivery or when Parcelforce Worldwide joins a queuing or booking in system operated at that address.
5.7 Where Parcelforce Worldwide is directed to hold a Consignment for collection or pending further instructions then delivery shall be deemed to have taken place at the earliest time when the Consignment is made available for collection by the addressee.
5.8 Consignments will only be delivered on Working Days. If a Consignment is despatched on a non Working Day, or after the latest acceptance time on a Working Day, it will be deemed to have been despatched on the next Working Day.
6. Non-delivery
6.1 The Customer or the addressee may request an undelivered Consignment (only after delivery has first been attempted) to be returned to the Customer, redelivered to the addressee or otherwise redirected (and in the case of the addressees request, the Customer hereby consents to the Courier performing such action) and subject to payment of such additional charges notified by Parcelforce Worldwide by the person who makes the request. Parcelforce Worldwide will perform such additional service on the terms and conditions set out in these Conditions or such other Parcelforce Worldwide terms which govern the additional services, if such is the case.
6.2 If an undelivered consignment is held by the Courier and is not claimed within a reasonable time of the Courier leaving notification of its attempted delivery at the delivery address, the Courier shall, where reasonably practicable, attempt to contact the Customer. If this fails the Courier will be entitled to deal with the Consignment as it reasonably sees fit.
7. Shortages & Damage in Transit
On delivery goods must be checked for any sign of damage before being signed for and you must notify us within 24 hours, to make a claim of any damage or shortages. Once you or the person receiving the goods on your behalf has signed for them you have accepted that the goods are undamaged and that everything on the invoice/packing slip has been received. If goods are damaged and you inform us after signing for them we may not be able to make a claim from the couriers. If it is likely that you will not be the person signing for the goods (such as deliveries to a work address) it is your responsibility to ensure that the person signing is aware of your responsibilities.
8. Returns & Refunds
Under the EU Distance Selling Directive and the Consumer Protection (Distance Selling) regulations 2000, and The Consumer Protection (Distance Selling)(Amendment) Regulations 2005 you have the right to cancel your order within 7 days of receipt of the goods without giving a reason - this is your "cooling off" period. If you decide within 7 days (starting on the day after you receive the products) that you no longer require the products then you are entitled to cancel the order by sending us notice of such cancellation by email, fax or letter within such 7 day period. If we have not dispatched your order, we will cancel it and refund your credit card with the purchase amount less a transaction fee of 2.5% to cover our costs. If we have already dispatched the goods, they must first be returned to us in perfect condition and in full (i.e. you must return the entire order unused). Once we have received the goods back and are satisfied they have not been used, we will refund you credit card with the purchase amount less postage and packing costs and less a 2.5% transaction fee to cover our costs.
Please e-mail us with full details including the order reference number and full details of why you wish to return the goods to info@gardengiftcompany.com
For your protection we recommend that you use a Recorded Delivery service. We cannot issue refunds for goods that fail to reach us. Please note that you will be responsible for the cost of returning the goods to us unless we have delivered the item to you in error or the item is faulty.
Where goods are alleged to be defective, the purchaser agrees to return such goods for inspection and report (without us replacing the said goods prior to such inspection). The purchaser also accepts that it is reasonable to inform us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow us to remedy the defect, failure or interruption.
Items returned and lost in transit: We cannot be held responsible for packages lost in transit: as you are responsible for returning the item to us, we recommend sending the package by Recorded/Special Delivery.
Refunds
For items that are defective or faulty must be sent back to The Garden Gift Company Ltd. within 14 days however you must inform us by email or in writing within three days of delivery. A refund, replacement or exchange will be processed within 7 working days of receipt of the returned item. The refund will be made in the same form of payment that was used to make the initial purchase. Please note that items that are returned to us that are not due to our error will have the return shipping costs deducted from the refund.
You will be notified via email when we have processed your refund. This can take up to 5 working days. Please note that we cannot refund the original cost of delivery unless we have delivered the item to you in error or the item is faulty. Special order products may incur handling charges. We may not be able to accept back non-faulty goods that have been supplied to your specific order or damaged during transit or fitting. Goods must be returned in a re-saleable condition.
Please note, in all instances The Garden Gift Company Ltd. shall not be liable for incidental or consequential damages or expenses, including but not limited to lost profits or other economic or commercial losses. This warranty does not affect your statutory rights.
9. Limitations upon Liability
We aim to ensure that all information on our web site is correct. However, we cannot be responsible for the use of the information given.
Advice given by The Garden Gift Company Ltd. personnel on the telephone or by email is based entirely upon information given by the purchaser with no inspection undertaken. As such, all advice given is indicative only and should be checked by the purchaser prior to order. Where advice is given after visual inspection by The Garden Gift Company Ltd. personnel, such advice shall amount to an opinion only.
Goods are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure will be accepted by The Garden Gift Company Ltd. for such alternative use, amendment or modification.
We always do our best to deliver goods within the timescale quoted at the time of ordering but sometimes there can be a delay, which is outwith our control. As such, any dates we specify for the delivery of goods are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods.
All goods are subject to availability. If we do not supply the goods for any reason your credit card will be refunded the full amount. The Garden Gift Company Ltd. will not be responsible for compensating you for any other losses which you may suffer if we do not supply the goods.
10. Confidentiality
We use the information we collect about you to process orders, to provide you with a personalised experience of this web site and the services/goods we provide (where appropriate) and to improve on an on-going basis the web site and the services/goods we provide. We collect only the basic personal details required to process your order. We will not release your name, address, email address or any other information about our customers to any outside party. We will not trade, resell, sell, or redistribute information that you provide to us, to any other companies, organisations or individuals.
Your information provided to us during the ordering process is protected by 128-bit industry-standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name, address and credit card details. This server encrypts information while it is being transmitted across the Internet so that unauthorised people cannot read it.
11. Copyright and Use of Material
All information, data, text, images, graphics, artwork and the selection and arrangement of same as well as links, software and source code on the website are the property of The Garden Gift Company Ltd., or the property of their respective owners and are protected by United Kingdom copyright laws. All rights are reserved. No part of the website may be reproduced in any form or by any means without our prior written consent except for the sole purpose of placing an order or corresponding with us. Our name and logo and all related product names and logos are our trade names/trade marks and may not be used without our prior written consent.
Trademarks
Any trademarks that appear on this site are the property of their respective owners
12. Disclaimer
While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
13. Statutory Rights
These terms and conditions, including the cancellation policy, do not affect your statutory rights.
14. Contacting Us
You can contact us by any of the following methods:
- Send an e-mail to info@gardengiftcompany.com
- Telephone: 05603 111519
- Registered Address: The Garden Gift Company Ltd., 9 Culter House Road, Milltimber Aberdeenshire AB13 0EN
Registered Number: SC 341415.
The Garden Gift Company Ltd - Registered in Scotland No: SC341415
Tel: 05603 111519 - e-mail: info@gardengiftcompany.com