Giftaplant Terms & Conditions

Spring Reach Ltd, Long Reach, Ockham , Surrey GU23 6PG 

Vat Number 380262117

We are closed to the general public and only operate an online ordering service only.

We do not take orders over the phone or queries, if you have any questions or queries please email us and we will get back to you within 2 working days at info@giftaplant.com

Please read before placing your order

Orders

When ordering from Giftaplant  either our website or various other websites or shopping channels with giftaplant products or even via our sales office via the telephone. Placing an order constitutes your acceptance thereof. If you do not agree with any of these terms and conditions, please do not use our sites or any other shopping channels with giftaplant products. The purchase of a plant or a placement of an order whether you have purchased or have been sent a plant implies acceptance of these terms. You should always read and understand these terms as they affect your rights and liabilities.

It is important that you read our full terms and conditons, when placing an order you will have to tick or accept our terms and conditions before it will allow you to place an order,  in doing this it will be deemed that you have  fully read our terms and conditions and you have accepted these. If you would like a printed copy to be sent to you in the post we are more than happy to do this.

Goods supplied are not for resale or propagation. We reseve the right to cancel an order at anytime.

Please be aware that due to ongoing plant maintenance throughout the year your plant may not be in bud or bloom at the time of despatch and may even have been pruned back. This is essential to promote the ongoing plant health and encourage the continuation of bud and blooms throughout the growing season. If you are concerned as to how the plant will look at the time of despatch please contact us prior to placing your order. If you are not happy once you have received the plant and returns must be at your own cost and a refund of the plant only will be made. Please see our Returns Policy for returning goods.

All roses must be sprayed throughout the growing season,Blackspot,greenfly,blackfly and any fungal airborne diseases are a common problems, and regular spraying will help to prevent these problems this process must be carried out once an order has been passed onto the customer to ensure that the plant is grown and kept in the proper manner.

Prices

 You would also be given the opportunity to cancel the order if you do not wish to proceed. Our charges for Postage & Packaging and any other relevant charges will be detailed on the order page. Please make sure that you read the delivery details page for the correct pricing of delivery charges. For any other charges you will notified by email or telephone. If a refund is given these will only be payable to the purchaser of the goods.

Payment

We will charge your order for payment on receipt of your order. We cannot accept liability if the delivery is delayed or a non-delivery because you the customer did not give us the right payment details or the bank or card issuers refuses to authorize payment to us. If it is not possible to obtain full payment for the goods before delivery, we will cancel the contract and suspend any further deliveries and await further instructions from 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 or any other shopping channels or by telephone.

Cancellation and returns policy

If you wish to cancel your order; please email us at info@giftaplant.com .This must be done immediately on placing your order. For all orders placed on our website or other shopping channels listing giftaplant products or orders placed over the telephone you may cancel orders within 7 days provided the goods have not been dispatched. For any cancellation over this period of time we reserve the right to charge a cancellation and administration fee to all orders. The right to cancel these services ends when we begin the service.

If you are concerned that the goods delivered are in a poor condition, please contact us immediately. We will request from you an order number  the full address and postcode of who ordered the item and the date it was delivered.

We will also ask you for a photograph of the delivered item on arrival. This is so we can evaluate what condition the goods were in when received, as opposed to what it looks like by the time you return it to us. Provided that you have contacted us within 4 working days of receiving the goods and we have received these pictures of the defective or damaged goods, we will determine the cause of the problem and refund or replace accordingly. If your item has been sent to you by a third party, you must contact them if you are unhappy with the goods sent and all correspondence must be done through the persons, who purchased the plant or goods.

Please be aware that plants in transit can suffer the odd broken branch, bud or flower this can be without lasting detriment and will not affect the health or the longevity of the plant so a refund will not be given of the  item in this instance  you decide not to keep the goods the returns cost will be met by you the customer it is suggested that you use a signed for service so you have a record of its return. Once recieved a refund will be done of the plant only. If you have not contacted us within the quoted time period of 4 working days, we will deem it that you have accepted the goods. The 4 working days notifications ruling apply to all third party customers who have been in receipt of plants and goods.

You can return anything you're not happy with provided you have contacted us by email within 7 working days starting the day after delivery. All plants must be packed in their original bag and delivery box, to ensure that the product is not damaged on its return journey; provided that it’s not something you’ve altered or tampered with in anyway. After investigation a full refund will be given including the delivery charge if the item should be deemed of poor quality. If the returned goods are found not to be faulty, a fee for carriage will be charged at £9.95 per order. If you are unsure at anytime of how the gift will be presented please email us at info@giftaplant.com  before placing your order so we can help you further.

If the item has been damaged by you, we hold the right to only refund a certain percentage of the value of the goods; this is done by the discretion of the manager.

On the odd occasions the transport box may also be slightly crushed, wet or possibly damaged in transit in which no refund of the delivery would be applied. If the item inside  the box when delivered is badly damaged it should be reported to Giftaplant immediately by email info@giftaplant.com. Photographic evidence will be required.

If you have ordered an item and had a change of mind, then please contact us within 7 working days starting the day after delivery of the goods. It is advisable that the item is cared for while in your possession and kept in the original packaging to insure that the product is not damaged on its return journey. After inspection of the goods a full refund of your purchase will be paid but we will not pay for the return postage or the original delivery charges, unless the goods are incorrectly sent. You must return the items at your own cost and they must be packaged appropriately so the item arrives in good condition. Failing to do this, will result in us holding a percentage of the refund value.

Returned items lost in transit

We cannot be held responsible for returned goods that are lost in transit: as you are responsible for returning any items to us, we recommend you send them back to us by recorded or special delivery.Refunds of any goods will not be given until the items are returned to us.

Plant guarantee

When you buy or whether you have been sent a plant of any sort, we want to be sure it will grow and thrive in your garden. But there is no guarantee it will. Upon receipt the responsibility of the goods passes from us to you the customer, or the recipient of the goods. All goods must be taken out of the box and the wrapping. Please stand the item outside. Goods should not be left indoors or left in the delivery box at anytime.It is your responsiblity to read the plant care instructions enclosed with the item. If you do not have care instructions then please contact us and we will provide one for you. Please note we will not replace or refund any items that have suffered in frost in which this has caused the plant to die.

Whilst every care is taken on the nursery to produce strong healthy plants, we cannot accept liability for plants that fail within 8 weeks from date of purchase nor can we be held responsible if your plant fails to flower or fruit at the given time. We cannot also be held responsible for plants that die if they are not taken out of the  delivery box and wrapping and kept outside upon delivery. All outdoor plants must be kept outside.

Plants can fail for various reasons extreme weather conditions, pests, animals, airborne diseases, also plants may have not been planted out correctly or they may have been over/under watered or even not perform through neglect, in fact reasons beyond our control.

If you are in reciept of a plant and you feel that you have been sent the wrong item then you must contact us within 7 days of the goods being delivered. A picture of plant in leaf or flower will be required. If you do  not contact us within the 8 week guarantee period it will be deemed that you have accepted the goods as is. We will not be liable for a refund or replacement of the goods.

If your plant should fail within 8 weeks from the date of dispatch we will require the following in order to take your claim further.

We require an order number,  if you have been sent the plant as a gift the full name and address of the sender. We then require a summary of when the plant was planted and how it was kept, photographic evidence of the plant would also be required. Upon receipt we will look at all the evidence provided, if we feel that we are to blame then we will issue either a full refund or a replacement plant.

Please be aware that plant failures that are over the 8 weeks from date of dispatch will not be replaced or refunded.

Plant information

Plants, flowers, bulbs, fruit may not be in full flower or fruiting when dispatched, all can vary on delivery according to the time of season.  Plant care leaflets and cultural and growing information on the website is there for guidance only. From time to time we may in our sole discretion vary the nature of the goods from that advertised without notice to you, so as long as these variations are not material adjustments.Please be aware that plants may vary in  colour  shape, and size so please be aware that descriptions and pictures of plants are approximate and should be used as a guide only.

Please note, plants look different depending on what time of year it is and will not flower or fruit 52 weeks of a year. All outdoor plants must be kept outside at all time as this is the correct environment for them to be in and must not be kept inside. An evergreen plant will have leaves all year round, where as a perennial or a rose will lose its leaves in late autumn and winter, but will start to leaf up in spring. But be assured you will have been supplied a plant with good root structure, and the item when planted will grow.

Price and colour of plants we sell may vary according to the season and what is available in the market place.Images on the website are realistic but natural variations in colour, shape and plant size can occur due to soil and aspect.

Goods supplied are not for resale or propagation.

Substitutes

If you order an item and it is currently out of stock, we reserve the right to replace it with something similar without notifying you.

Poisonous plants

Certain plants can be harmful if eaten or may cause a skin reaction or allergy to either humans or pets. Upon delivery the ownership the goods passes to you, the consumer. It is responsibility of the buyer or the reciever of the goods to check or research if these plants are harmful in any way and should not be consumed by humans or animals without seeking professional advice.

Delivery information please read before placing your order

When you have placed your order the goods will be sent out when ready and notification will not be given. If you are unsure of when your order will be delivered please contact us with your order number so we can help you further.

Once the item has been shipped and you have not recieved your goods you must notify us within 5 days that the item has  not arrived you may  contact us by   email giving your order number.

If you do not contact us after 5 days we shall deem that you have the goods. It is your responsibilty  if this is a gift to contact the recipient within 5 days to make sure they are in receipt of the goods. If you contact us after the  5 day period  we will not replace or refund goods.

We will aim to deliver within the quoted time frame, but delivery days and times are not guaranteed and are a request only especially over the busy periods.

If the goods are for a special occasion please order in enough time and it is advisable to request a delivey date 2 days ahead event or occasion. We cannot be held responsible for deliveries not made on specific times and days. If you or the recipient decide to wait in for the delivery of the parcel that is entirely at your discretion.

Deliveries are made within our designated delivery area, please click here to the see a map for delivery areas. We will not issue refunds for delivery charges and cannot be held responsible for delivery of your item and for delays for reasons beyond our control.It is not guranteed that a card will be left if you or the recipient of the goods is out. If you do have a card left it will be your responsibility or the recipients to make contact with the courier to arrange the delivery. The majority of our goods are done on a signed for service, so if you have left specific delivery instructions the courier we still may require a signiture so we can be assured the goods have been recieved. If you decide to wait in for the goods on a specific day we will not be held responsible for any claims made due to the goods not being delivered.

Properties that are not clearly marked with a house number or house sign can cause delays to deliveries. Properties that have a gated entrance, limited access or are in remote areas may delay delivery.

If the item has not been received and you have purchased the goods  as a gift, you must  notify us within 4 days of the requested delivery date. It will be up to you the purchaser of the goods to make sure the recipient is in reciept of the goods. We cannot be held responsible to replace items that have not arrived within 7 days of the requested delivery date.

If you have notified us that the goods have not been recieved we will investigate the courier before a refund or a replacment will be issued. Please be aware that you maybe required to fill out a delivery disclaimer form. It is up to you the purchaser to ensure that the goods have been recieved.

All delivery addresses must be accurate and include a full post code. Inaccurate or incomplete address details may result in administration charge being made to validate the information supplied.

We will not be held responsible for any address errors made due to receipt of inaccurate information which may result in loss of goods in transit or items being delayed for delivery.

No delivery charges will be refunded for delays in deliveries due to inaccurate postcodes or address given. If you decide to stop the delivery once shipped we reserve the right to charge an administration charge. Items that are sent to addresses and refused when delivered will also incurr an adminstration charge of £9.95 if you require the courier to re-deliver the item. If you require a new delivery address other than the one on the order this will also incur a handling fee and an adminstration charge £9.95.

Items that are returned by the courier due to no access to a property or if the recipient has been carded and have failed to contact the courier regarding re-delivery. If you wish this item to be redelived it will incur a further delivery charge. If you wish to cancel your order, please be aware we will only refund the cost of the plant.

Deliveries are made from 8am-8pm Monday- Friday only. Saturday Deliveries are request only and delivery times can vary from 8am-5.30 pm; additional charges for a Saturday service will apply. No deliveries are made on Bank Holidays.

Deliveries to the Highlands, Scottish islands, Northern and Southern Ireland, Isle of Man, Channel Islands may take up to 4 working days so please be aware of this when ordering.

Emails to you will be sent to the email address you have entered. Please make sure you give us an accurate and valid e-mail address and contact telephone number.

Deliveries to business premises and schools

Deliveries will be made Mon-Friday between hours of 8am-8pm, please be aware that the parcel could be delivered after or before work business hours commence and finish. Please make sure that someone is available to take delivery of the parcel, if not this may cause the item to be further delayed.

Matters out of 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.

Distance selling regulations

In accordance with the Distance Selling Regulations 2000 you have the right to return goods. Please note that plants, flowers, bulbs, fruit plants, fruit trees, bare root plants are perishable and we do not consider that this right applies in full to orders that are placed with us.

When placing an order with us you will be given the opportunity to check your total order and correct any errors. On the order page it will list a description of the goods, to include price,  and any delivery costs. All of these will be marked clearly when placing an order. We will process your order and send you an order acknowledgement detailing all products that have been ordered. Telephone orders will not receive a confirmation; you may request a confirmation of order at time when placing your order over the phone. Our acceptance of the order takes place when we dispatch the order. We may refuse to accept an order if the goods are not available, we cannot obtain authorisation for payment or you do not meet any eligibility criteria set out in our terms and conditions.

We aim to give you full information on all the products we sell. However it is inevitable there may be variations in colour, size and shape. Some pictures of plants or goods may vary, including their size and shape at any time throughout year so the information must be used as a guide only.

Risk and ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you. There is a no signature required policy. The goods will be left at the discretion of the courier, although from time to time depending on the circumstances we may require a signature. If you have a special request on where you would like the goods left please fill out your request on the website in the delivery note box; this is a request only and cannot be guaranteed. We would advise that you allow two working days for your delivery. We cannot be held responsible for goods that have been delivered and have been taken or stolen from the delivery address. We will not replace the goods if taken. When placing your order if you feel that the goods could be taken if left at the delivery address please consider this before placing your order as replacement goods will not be sent if the item is stolen from the delivery address or left with neighbouring properties.

If you are sending the item as a gift it is your responsibility to ensure that the recipient will be in to take delivery or that there is somewhere safe for the item to be left. If the recipient is not in at the time of delivery and a 'Delivery attempted' a card maybe left by the courier, it is the responsibility of yourself or the recipient to contact the courier to arrange a suitable redelivery date. Once a delivery has been made or attempted the ownership of the goods is passed to you.

Liability

Giftaplant will not be liable to you as regards any contract, in tort.

Conditions of website use

Copyright of all web site design, text, graphics, the selection and the arrangement of all soft ware compilations, underlying source code, software (including applets) and all other materials on this web site are the copyright of Giftaplant (Spring Reach Ltd.) and its affiliates or their content and technology providers. All Rights Reserved. Any use of materials on this web site-including reproduction for purposes other than those noted above, modification, distribution or re-publication without the prior written permission of Giftaplant (Spring Reach Ltd.) is strictly prohibited. No parts of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without prior written permission.

Changes

We reserve the right to make changes to this web site and these terms at anytime.

Links to and from other websites

Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and don't take responsibility for these websites or their content or availability. We therefore do not endorse or make any representations about them or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk. If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:

• You do not remove, distort or otherwise alter the size or appearance of the www.giftaplant.com web site;
• You do not create a frame or any other browser or border environment around this website;
• You do not in any way imply that we are endorsing any products or services other than our own;
• You do not misrepresent your relationship with us nor present any other false information about us;
• You do not otherwise use any www.giftaplant.com trademarks displayed on this website without our express written permission;
• You do not link from a website that is not owned by you; and your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate. You shall fully indemnify us for any loss or damage we or any of our group of companies may suffer or incur as a result of your breach of clause.

Governing law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these term an exclusive Jurisdiction of the English courts. We do not warrant that materials/items for sale on the website appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

Marketing and promotional emails

When ordering from Giftaplant via our website, acceptance of our terms and conditions indicates that you are happy for your email address to be placed on a mailing list in order to send out promotional emails. This happens very rarely.

If you do NOT wish to receive such emails you must contact us at the time of ordering. Optionally it is possible to unsubscribe from the mailing list. We do not share any data with third parties.

Risk and title

Risk of damage to or loss of the goods passes at the point of delivery to you or if you fail to take delivery at the agreed time frame.  If you do not accept delivery at the agreed time, then we can no longer be held responsible for the goods. You will only become the owner of the goods once they have been successfully delivered and  provided we have received payment in full.

Miscellaneous

All emails to you will be at the address specified to us. It is important that you give us a valid email address and tell of us of any changes in circumstances. If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the others 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.