Terms & Conditions
CHRISTMAS ORDERS – TERMS AND CONDITIONS
1. About us
1.1 Company details. Planteria Group (UK) Limited (company number 07201747) (we and us) is a company registered in England and Wales. Our main trading address is Mill Pond Nurseries, Mill Road, Henham CM22 6AA. Our VAT number is 387 8333 05. We operate the website Christmas.planteriagroup.com (Website).
1.2 Contacting us. To contact us telephone our customer service team at 0345 505 3333 or email Christmas.firstname.lastname@example.org. How to give us formal notice of any matter under the Contract is set out in Clause 15.2.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and the purchase or rent of goods (Goods) and/or services (Services) for the supply, installation, decoration and collection of Christmas trees, decorations and displays (Contract). All of these Terms shall apply to the supply of both Goods and Services except where application to one or the other is specified. The Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing and you waive any right you might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents that is inconsistent with these Terms.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 You. In these Terms “you” wherever used shall mean the business whose name and address appears on your order with whom we have contracted with for the supply of Goods and/or Services by us.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts on our Website to place an order. Each order is an offer by you to buy the Goods and/or Services specified in the order subject to these Terms. By clicking on the “confirm” button at the end of the order process, are agreeing to be bound by these Terms.
3.2 Bespoke Products. Please contact us for a quotation at Christmas.email@example.com for all Goods and/or Services which are provided in accordance with a bespoke specification agreed with you such as for large trees, all exterior trees, bespoke decorations or bespoke Christmas displays (Bespoke Products).
3.3 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order including any quotation and specification is complete and accurate.
3.4 Acknowledging receipt of your order. After you place an order, you will receive an order number on our system (Order Confirmation) at which point the Contract between you and us will come into existence but we reserve the right to amend the specification of the Goods and Services as set out in Clause 5.5. The Contract between you and us will relate only to those Goods and/or Services confirmed in the Order Confirmation and any purchase order without an Order Confirmation will not be processed. Orders under the Contract can only be placed up to and including 1st November in the relevant year of your order (or such other date as agreed by us at our sole discretion).
3.5 Any quotation given by us shall not constitute an offer, and is only valid for a period of 14 working days from its issue or until 1st October, whichever is sooner.
3.6 If we cannot accept your order. If we are unable to supply you with the Goods and/or Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods and/or Services, we will refund you the full amount as soon as possible provided that this is not due to an act or omission by you of Your Default (as defined in Clause 8 below).
4. Cancelling your order
4.1 Subject to Clause 4.2, you may cancel the Contract and receive a refund (in the amount as set out in the table below), if you notify us of your wish to cancel the Contract. You cannot cancel after 7th November in the relevant year of your order or once we have completed the delivery of the Goods or completed the Services, even if the time period as set out below has not started:
Notice to cancel received by us: By 31st October (in the year of your order)
Refund amount: 100%
Notice to cancel received by us: Between 1st to 6th November (in the year of your order)
Refund amount: 50%
Notice to cancel received by us: After 7th November (in the year of your order)
Refund amount: 0%
4.2 Bespoke Products are made to your individual specification and as such, you cannot cancel any order for such Bespoke Products and will not be entitled to any refund where you change your mind.
4.3 To cancel the Contract, you must email us at Christmas.firstname.lastname@example.org including your Order Confirmation number and the reason for your cancellation. Your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on that day.
4.4 If you cancel the Contract, we will refund you in the amount as set out in the table in Clause 4.1, by the method you used for payment. We may deduct from any refund an amount for the supply of the Goods and/or Services provided for the period up to the time when you gave notice of cancellation.
5. Our Goods and Services
5.1 The Goods and Services are described in our brochure on our Website as confirmed or modified in any Order Confirmation. The images, any descriptions or illustrations of the Goods and Services on our Website or in any advertising, brochures or catalogues issued by us are for illustrative purposes only and are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images. Decorations will vary depending on region and availability of stock.
5.2 Although we have made every effort to be as accurate as possible, because some of our Goods are natural, cut trees, all sizes, weights, capacities, dimensions and measurements indicated on our Website or in any advertising, brochures or catalogues issued by us are approximate and we cannot guarantee availability of any Goods at any time before or after your Order Confirmation. We recommend that you make your order as soon as possible in the relevant year to avoid disappointment.
5.3 The packaging of your Goods may vary from that shown on images on our Website.
5.4 Wreaths and garlands are deemed to be “delivery only” Goods and you are responsible for fixing such Goods at your premises. Any installation Services will not include installation or fixing of wreaths or garlands.
5.5 We reserve the right to amend the specification of the Goods and Services if required by any applicable statutory or regulatory requirement, if the amendment will not materially affect the nature or quality of the Goods and Services or if Goods are out of stock or otherwise unavailable from our suppliers. Subject to our right to amend the specification, we will supply the Goods and/or Services to you in accordance with the specification for the Goods and/or Services appearing on our Website at the date of your order in all material respects.
5.6 We warrant to you that the Services will be provided using reasonable care and skill.
5.7 We will use all reasonable endeavours to meet any performance dates including any installation dates and collection dates, but any such dates are estimates only and the times of delivery and collection are not of the essence. Failure to supply the Goods and/or Services by such dates will not give you the right to terminate the Contract. We shall not be liable in any circumstances for failure to install or deliver, or de-install and collect the Goods and/or Services by or on any date.
5.8 If the Goods are faulty or mis-described, we will repair or replace the defective Goods or refund a proportionate amount of the price of the Goods where such defective Goods cannot be repaired or replaced and will refund you to the payment details you used to pay.
6. Delivery, transfer of risk and title
6.1 We will contact you with an estimated delivery date, which will be on a day during the week set out in the Order Form. We group deliveries by location and will confirm the estimated delivery date to you. Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 14 for our responsibilities when this happens.
6.2 Delivery is subject to us receiving all necessary information and documentation and access to the delivery location to enable us to proceed with delivery and installation of the Goods without interruption.
6.3 Delivery is complete once the Goods have been unloaded at the address for delivery and installed in the specified location as set out in your order. The Goods will be at your risk (but not your title) from that time until they are collected. The title and ownership of the Goods shall remain with us. We shall be entitled at any time to repossess goods which remain our property and you hereby grant to us, our agents, employees and sub-contractors a licence to enter upon any premises where such goods are stored, held or installed for the time being for the purpose of repossessing the same and you agree to give us such assistance as we may require for such purposes. We are entitled to require the Goods to be stored separately or clearly marked so as to identify them as our property. We reserve the right to charge you for any Goods which have been damaged or lost by you.
6.4 Unfortunately, we do not deliver to addresses outside the mainland of the United Kingdom.
6.5 Any damage that has occurred in transit or any shortages must be reported by email to our sales team at Christmas.email@example.com within 24 hours of delivery. After this 24-hour period, it is deemed that the goods have arrived in a satisfactory condition and we regret that we cannot accept any claim for damages or shortages after this period.
6.6 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods and/or Services.
6.7 If you fail to take delivery on the delivery date notified by us to you, we reserve the right to levy a redelivery fee of £150.00 (plus VAT).
6.8 If we are unable to deliver the Goods and/or Services as a result of issues with access at your delivery location, including but not limited to, ceiling height issues, we reserve the right to levy a redelivery fee of £150.00 (plus VAT) and may store any Goods until actual delivery takes place at your cost and expense (including storage costs and insurance). You are responsible for ensuring the location for delivery is safe, accessible and has sufficient space for your order. If you fail to take delivery because you require a different size of tree or any other Goods ordered, we reserve the right to charge an additional fee which shall be applicable to the size of the replacement tree or other Goods.
6.9 If you require a change to any Christmas display ordered including location of the installation of such Christmas display, we reserve the right to charge an additional fee, which we will determine and shall be informed to you.
6.10 You must provide a safe 240v mains supply to the base of any tree delivered to you and we recommend that a circuit breaker is fitted, both to be in compliance with industry specific standards. Trees may require more than one socket depending on their size. We are unable to provide extension leads. If on delivery any wiring, sockets or extension leads are deemed to be unsafe or not in compliance with applicable health and safety laws or regulations, the Goods will be delivered and installed and tested to ensure any lights are working and then will be left unplugged. You shall be responsible for proper PAT testing of any electrical sockets, wiring or extension leads and for rectifying any defect in such wiring, sockets or extension leads. We shall not be liable for any inability to use the Goods and/or Services due to any defects in your electrical wiring, sockets or extension leads.
6.11 If you require battery powered lighting, the Goods will be delivered with one set of batteries plus one additional set.
6.12 To report any fault with the Goods and/or Services after delivery, please contact us on Christmas.firstname.lastname@example.org. We reserve the right to levy a visit fee of £150 (plus VAT) where any requested visit to the delivery location is deemed to be due to your error (including but not limited to batteries which have expired or lights not being plugged in).
7.1 Any time for performance of our obligations under the Contract shall be subject to receipt of all necessary information and documentation to enable us to proceed with the de-installation and collection of the Goods without interruption.
7.2 We will confirm an estimated collection date after 6th November in the year of your order. Occasionally our de-installation and collection from you may be affected by an Event Outside Our Control. See Clause 14 for our responsibilities when this happens.
7.3 Collection is subject to us receiving all necessary information and documentation to enable us to proceed with de-installation and collection of the Goods without interruption.
7.4 On collection, we will endeavour to leave the collection location in a reasonable condition with all Goods un-installed and the area left clear and tidy of rubbish and packaging.
7.5 If we are unable to collect the Goods on the collection date notified to you because you have failed to allow access or not provided adequate collection instructions to enable us to collect the Goods, we reserve the right to levy a re-collection fee of £150.00 (plus VAT).
7.6 Goods which are “delivery only” (such as wreaths and garlands) will need to be removed by you and be available for collection on the collection date notified by us to you.
7.7 Trees must be cleared of any of your own decorations before collection.
8. Your obligations
8.1 It is your responsibility to ensure that:
(a) the terms of your order are complete and accurate;
(b) you cooperate with us in all matters relating to the Goods and Services;
(c) you provide us, our employees, agents, consultants and subcontractors, with access to your premises, office accommodation and other facilities as we may reasonably require;
(d) you provide us with such information and materials we may reasonably require in order to supply the Goods and Services, and ensure that such information is complete and accurate in all material respects;
(e) you prepare your premises for the supply of the Goods and/or Services;
(f) you obtain and maintain all necessary licences, permissions and consents which may be required for the Goods and Services before the date on which the Goods and/or Services are to start; and
(g) you comply with all applicable laws, including health and safety laws;
8.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in Clause 8.1 (Your Default):
(a) we will be entitled to suspend performance of the Contract until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Contract, in each case to the extent Your Default prevents or delays performance of the Contract. In certain circumstances Your Default may entitle us to terminate the Contract;
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Contract; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
8.3 Live trees must be maintained with a supply of fresh water that is replenished every day to prolong the condition of the tree and the foliage. Live trees will be supplied with an appropriate tree stand with an in-built watering system and it is your responsibility to maintain a fresh supply of water for your tree. Very warm, dry and dark conditions will cause the tree to deteriorate. Under floor heating, close proximity to radiators and air-conditioning and other direct heat sources will dry out the tree very quickly and these environments are not suitable for cut trees.
8.4 We warrant that the condition of any tree installed in the interior of your premises delivered between 26th November to 1st December in the year of your order will be in reasonable condition up to Christmas Day subject to you complying with your obligations set out in Clause 8.3. We warrant the condition of any tree installed in the interior of your premises which is delivered after 2nd December shall be in reasonable condition until New Year’s Day in the year following the year of your order subject to you complying with your obligations set out in Clause 8.3.
9. Price of Goods and Services
9.1 The prices of the Goods and/or Services will be as quoted on our Website at the time you submit your order. We take all reasonable care to ensure that the prices of Goods and Services are correct at the time when the relevant information was entered onto the system.
9.2 Delivery and collection is included in the total price of the Goods and/or Services for delivery and collection within the mainland of the United Kingdom only.
9.3 Prices for our Goods and Services may change from time to time, but changes will not affect any order you have already placed.
9.4 The price of Goods and Services excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods and Services in full before the change in VAT takes effect.
9.5 If you wish to change the scope of the Goods and/or Services after your Order Confirmation, we will modify the price accordingly.
10. How to pay
10.1 Payment for the Goods and Services is in advance. We will issue an invoice with your Order Confirmation and payment is due within 30 days of the date of the invoice. Payment may be made by bank transfer, credit card or debit card. You agree to provide valid, correct and accurate payment details for your order. For any failed or cancelled payments, a £20 administration fee will be levied.
10.2 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under Clause 13 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 10.2 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
10.3 We shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11. Our warranty for the Goods
11.1 The Goods and Services are intended for use only in the United Kingdom. We do not warrant that the Goods and Services comply with the laws, regulations or standards outside the United Kingdom.
11.2 We provide a warranty that on delivery, the Goods shall:
(a) subject to Clause 5, conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
11.3 We will not be liable for breach of the warranty set out in Clause 11.2 if:
(a) you make any further use of the Goods after giving notice to us that you wish to return the Goods;
(b) the defect arises as a result of us following any drawing, design or specification supplied by you;
(c) you alter or repair the Goods without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
11.4 We will only be liable to you for the Goods’ failure to comply with the warranty set out in Clause 11.2 to the extent set out in this Clause 11.
11.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods and Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods and Services are suitable for your purposes.
11.6 These Terms also apply to any repaired or replacement Goods supplied by us to you.
12. Our liability: your attention is particularly drawn to this clause
12.1 References to liability in this Clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
12.2 We only supply the Goods and Services for internal use by your business, and you agree not to use the Goods for any resale purposes.
12.3 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
12.4 Subject to Clause 12.3, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
12.5 Subject to 13.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the amount paid under the Contract for the particular Goods and/or Services to be supplied in respect of which the liability arises.
12.6 The limits and exclusions in this clause reflect the insurance cover we have been able to arrange in respect of our own legal liability for individual claims and you are responsible for making your own arrangements for the insurance of any excess loss.
13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods and/or Services to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 10 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
13.3 On termination of the Contract you must return all of the Goods and any deliverables specified in your order which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with the Contract.
13.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you;
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over; and
(c) unless you cancel the Contract in accordance with Clause 14.3 below, you shall pay the charges for the Goods and/or Services at the price set out in the Order Form.
14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us at Christmas.email@example.com. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
15. Communications between us
15.1 When we refer to “in writing” in these Terms, this includes email.
15.2 Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
15.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will endeavour to notify you in writing or by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives). We reserve the right to supplement, update and amend these Terms from time to time, including by adding new terms and deleting existing terms. If the changes are material, we will endeavour to notify you by posting such changes on our Website or notifying you by email. Your continued use of our Goods and Services after the effective date of any changes constitutes your acceptance of the updated Terms.
16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
16.6 Governing law and jurisdiction. The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English court.