Goods description
The quantity, quality and description of the goods will be those as set out in your Order form and explained in detail on our Dispatch and Delivery page. Click on the relevant tab to see the product description. Plants will be clean and healthy; we do not send out substandard plants. If we are unhappy with the condition of any plant being prepared for despatch, we will reject it, and if there are no others in good condition, we will contact you for instruction regarding substitution or refund. We never substitute without referral to the customer, except in the case of Pond Packs outside of their stated dates of availability, as stated in the Product Description.
Price of Goods
The price of the goods is in GB pounds sterling, and VAT at the prevailing UK rate will be included in the price you pay. The VAT can be reclaimed by those who are VAT registered in the UK. Prices are fixed at the time of payment. Our charges for postage and packaging are included in the total price for the goods.
Payment terms
We take payment only for goods which will be despatched within the target times given. If we are unable to process all or part of your order, we will contact you by email or telephone, within 3 days of receipt of your order. We will offer either to refund your order in full or refund the part of your order affected. We will process the refund promptly.
Delivery, Postage and Packaging
All orders are despatched within 5 days and sent by First Class Mail or next day courier service. We do not use second class or economy services. We will aim to deliver your order in accordance with the target times published on the Ordering and Delivery page of our website, but delivery times are not guaranteed, as they are out of our hands once they leave the premises. We cannot guarantee next day delivery to remote areas, Highland Scotland, Northern Ireland, or islands that are part of the UK. We despatch in strict order of receipt, there is no such thing as emergency pond plants so please do not ask for your order to be prioritised over others.
We will deliver the goods to the address you specify for delivery in your order. You are responsible for ensuring that this address is correct. We cannot accept any liability for any loss or damage to the Goods after they have been delivered. If delivery is delayed due to any cause beyond our reasonable control, the target delivery date will be extended, and we will contact you to keep you informed.
If you do not expect to be at the delivery address to receive your order, then you must state a place where the parcel can be left. Orders are delivered at the customer’s own risk; we cannot be held responsible for parcels left without a signature. The default is for the delivery to be left without a signature at the customer’s risk.
Orders cannot be held back for delayed delivery except under exceptional circumstances. Stock is constantly changing, growing, and selling out; we are unable to physically set aside groups of plants for later despatch. If your order contains such an instruction in the notes box we will cancel and refund it, whereupon you may re-order when you are ready to receive the goods.
Parcels are packed to last at least a week in transit without deterioration, but exposure to local high temperatures in transit may cause premature deterioration of soft stemmed plants such as oxygenators. For this reason, we encourage you not to order these during periods of hot weather as we are unable to take responsibility for the outcome.
Risk of damage to or loss of the goods passes to you at the time of delivery to you.
Any excess carriage paid on small orders delivered to remote locations will be refunded after despatch. Please see the full explanation on the Ordering and Delivery page. For more information on what to expect, and updates in special circumstances, please see our Ordering and Delivery Page.
Returns and statutory obligations
We have a three stage checking process, but occasionally, packing errors are made and one or more items may be missing or short. In these cases, please let us know immediately and we will offer to refund or send the missing items to you as soon as possible. Even more rarely, parcels go missing in transit, and in these cases, we require seven days from the date of despatch to ensure that all hope is lost before refunding or re-sending.
If you decide to return a correctly supplied item to Devon Pond Plants during the statutory return period, you will be entitled to a refund of the cost of the item(s) and not the return charge.
If you are returning the items(s) because they are damaged or otherwise unacceptable to you, we will refund the delivery cost and return cost on receipt of the goods. Before you return the item(s) we will ask for a photograph taken of the items and packaging to illustrate the damage/fault. You must advise us within 24 hours of the delivery if you are unsatisfied and any returns must be made within 7 days. Plants are sent in tip-top condition but are not guaranteed for life, they are living things and prone to innumerable problems which are out of our control once they leave our nursery.
Our liability is restricted to the value of the goods purchased, we do not accept liability for any consequential costs or losses in any circumstances.
Privacy
We will not pass on your details to any third party other than to the delivery company for the purpose of delivering your order. We will take all reasonable care to keep all information connected with your order secure under standard GDPR regulations, 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 Web Site, unless this is solely due to our negligence.
We reserve the right to edit, copy, reproduce or print in any form and in any country any unsolicited images that are sent to us.
Unforeseeable circumstances/force majeure
We will not be liable to you or in breach of Contract for delay or failure to deliver due to causes beyond our reasonable control.
DEVON POND PLANTS UPDATED 1ST JANUARY 2023