Terms and Conditions
Definitions and Interpretation
- Contract
- The contract for the sale, purchase and delivery of the Plant/s and/or Good/s.
- Delivery Area
- Includes all areas and countries we delivery to, as specified in ‘Delivery Information‘.
- Plant/s and Good/s
- The range of plants and goods (or any parts for them) which are available for purchase from our website in accordance with the terms.
- The Website
- Our Website www.englishiriscompany.com
- We/Us
- The English Iris Company
- You
- The person(s)/company/group/organisation/partnership or other placing the order
Trading Name
The English Iris Company is the Trading Name for Marshgate Irises Ltd.
Postal Address
The English Iris Company
Marshgate House,
24, Marshgate,
North Walsham,
Norfolk NR28 9EF
Telephone: +44(0)7789 670 299
Email:
Registered Company address:
Marshgate Irises Ltd.
1, Cheyney Ave, Salhouse
Norwich
Norfolk NR13 6RJ
Company Number: 8497650
Basis of the sale
The agreement for us to sell you Plant/s and/or Good/s is made on these terms when we accept your order made via our Website. The description of the goods, the price and delivery costs are set out in the order page. We confirm acceptance of your order on-screen and via email. Acceptance of order does not guarantee availability of all or part of the order. We shall not be liable for any cost incurred by you as a result of non-availability or delivery of all or part of any order.
We aim to provide accurate description and information regarding the plants and goods we sell. There may be variations in size and shape between different specimens and that you should be aware that plants look different at different times of the year. We advise that illustrations, descriptions and other information relating to particular Plant/s and or Good/s are for guidance only. We may at our discretion from time to time vary the nature of the Goods from that advertised, without notice to you, as long as these variations are not material alterations. We suggest you advise if substitutes are acceptable.
Details of the order
Once accepted the quantity, quality and description of the goods will be as set out in your order, including the use of substitute varieties if applicable.
Orders are accepted at our sole discretion, but are normally accepted if the goods are available and payment of cleared funds received. In addition, the correct delivery charge must have been paid and the delivery address must be with in our delivery area.
Price of plants/goods
All plants and goods are as advertised on our website. We reserve the right to increase our prices for plants or goods at any time.
Any change of price for plants or goods on our website shall constitute notification of change.
Substitutes
Please specify if wish to accept substitutes.
Payment terms
We will charge your credit/debit card/PayPal account for payment. In the event that the price differs at the time of despatch we will either refund or issue a credit note at our earliest convenience. We accept no liability if a delivery is delayed because you did not give us the right payment details or if funds were not cleared or unavailable.
If we are unable to obtain full cleared funds from you, as payment for the Plant/s and/or Good/s, prior to despatch, we will not despatch the Plant/s and/or Good/s. We reserve the right to cancel the Contract. 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. Please read our Privacy Policy. 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 our Website, unless this is solely due to our negligence.
Delivery
Our standard delivery charges include delivering the Plant/s and/or Good/s, by Royal Mail, 1st Class Small Parcel Rate or Guaranteed Next Day (after dispatch) Delivery, to the delivery address specified for the order. Please ensure that address is accurate.
Royal Mail will not always be able to make a delivery if you are not at home. This may result in a card being left informing you of attempted delivery and your having to make arrangements for redelivery/collection.
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. Weekend delivery should not be expected.
For full delivery details forming part of these terms see the ‘Delivery Information‘ section of our website. The ‘Delivery Information‘ section of our website shall be considered a part of the terms of the Contract between You and Us. By accepting the terms of the contract you agree to be bound by our delivery terms.
Risk and ownership
Risk of damage to or loss of the Plant/s and or Good/s passes to you at the time of delivery, if you fail to take delivery at the agreed time, the time when delivery was attempted.
If you are present at the time of delivery and the package/s are damaged, we advise you either sign for the goods as ‘Damaged’ and contact us immediately, or preferably refuse to accept delivery and contact us immediately. If you have accepted delivery, it may help us if you are able to obtain a photograph of the packaging prior to opening it, so please contact us before opening if possible.
If you accept a damaged parcel and no notification is made to the carrier at the time, it may invalidate any claim we have against the carrier, which in turn may invalidate any claim you make against us.
Returns/Cancellation
Please see our separate Returns Policy.
Privacy
Please read our customer Privacy Policy, which explains how we will not pass on your details to any third party other than for the purpose of processing your payment and delivery.
Warranties
We aim to provide good quality plants and products/goods to our customers. We guarantee our plants to be true to name and for a period of six months from receipt, conditional upon you following our planting instructions. If the plant should fail within six months of delivery, we will either replace it free of charge (although we may have to charge for delivery) or issue a credit note or refund payment for the plant only. We may ask for a photograph of the plant, and/or that you return the plant. We will do our best to. resolve matters satisfactorily, but how we handle the matter is ultimately and solely at our discretion. This does not affect your statutory rights.
We undertake that the Plant/s and/or Good/s will be in good condition at the time of delivery and will be of the type and quantity ordered. If the type ordered was not available and we supplied a substitute we undertake that the substitute will be in good condition at the time of delivery and will be of the type and quantity we stated as the substitute.
Liability
If you have a valid claim in respect of any plants or goods that is based on any defect in their quality or condition or their failure to meet specification in accordance with the contract, and you have returned the goods within a reasonable time, you will be entitled to choose either a refund of the price of the Plant/s and /or Good/s or a replacement of the same 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 you or your business may suffer.
These terms and conditions do not affect your statutory rights as a consumer.
The content of the Website is directed solely at those who access the site from addresses within our Delivery Area.
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 you or your business may suffer.
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.
Copyright
All of the content of this Website, including but not exclusively, format, written word, photographs, design and content are the copyrighted property of The English Iris Company Limited All rights reserved.
None of this material may be used without our written permission.
We obviously expect that you may print off copies of your order or other pages to assist you with choosing your plants or goods and are happy for you to do so. However the use of any of our Website content for any commercial gain, financial reward, reproduction or teaching purposes is forbidden.
Changes
We reserve the right to make changes to this Website and these terms at any time.
If you make a change to your email address, telephone number or address we would appreciate you letting us know.
Complaints
If you have a complaint about any aspect of our service we would appreciate being given the opportunity to address and correct it. We ask that the complaint be in written form. You can post or email – further details for which can be found here.
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.
Governing law, jurisdiction and interpretation
These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.
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.
