Terms & Conditions

By purchasing goods from www.pondplants.co.uk you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this web site.

1. Definitions and interpretation

In these terms the following words have the following meanings.

Contract the contract for the sale and purchase of the Goods;

Delivery Area standard delivery to UK addresses, for all other destinations contact us directly.

Goods the range of plants which are available for purchase from our web site in accordance with the terms;

the Web Site our presence on the world wide web, currently accessible via the address www.pondplants.co.uk

the Seller, we, or us Merebrook Water Plants (our registered address is Kingfisher Barn, Merebrook Farm, Hanley Swan, Worcestershire, WR8 0DX Tel: +44 [0] 1684 310950)

Basis of the sale

1. An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our Web Site. The description of the Goods, the price and standard delivery costs are set out in the order page. We will confirm acceptance of your order on-screen.

2. We aim to give you a clear idea of the nature of the plants we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions other information as to particular plants are approximate and for guidance only. We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations.

2. Details of the order

1. The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).

2. Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction.

3. Price of the Goods

1. Our charges for postage and packaging are detailed on the order page and will be included in the total price for the Goods.

4. Payment terms

1. We will charge your credit card account for payment upon receipt of order.

2. 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 Web Site, unless this is solely due to our negligence.

5. Delivery

1. We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.

2. We will aim to deliver within the quoted time frame but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended.

6. Risk and ownership

1. Risk of damage to or loss of the Goods passes to you at the time of delivery to you.

2. You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

7. Returns/Options to cancel

1. Returns. Please click here to read our Returns and Cancellations Policy.

2. Cancellations. Please click here to read our Returns and Cancellations Policy.

8. Warranties

1. The availability, price and colour of plants we sell to you may vary according to seasonal and market availability.

9. Liability

1. We shall not be liable to you for losses you suffer based on the estimated delivery date of an order should these items fail to be delivered within that time.

2. These terms and conditions do not affect your statutory rights as a consumer.

3. We will use reasonable commercial endeavours to keep the Web Site up to date but the information and specifications given are for your information only and are subject to change without notice.

4. Great care has been taken to ensure that all plants and products are accurately described. Dimensions are approximate only. Great care has also been taken with all the images on this web site, however the actual colours you see will depend on your monitor and could vary from the actual product.

5. We assume no responsibility for the contents of any other web sites to which this Web Site has links.

10. 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.

11. Copyright

1. All of the written, photographic and design content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.

2. None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.

3. All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.

12. Privacy

1. Please read our customer privacy policy, which explains how we will not pass on your details to any third party.

13. Changes

1. We reserve the right to make changes to this Web Site and these terms at any time.

14. Complaints

1. If you wish to complain about any aspect of our service, please email us at enquiries@pondplants.co.uk

15. General

1. Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and contact telephone number and tell us of any changes to them.

2. 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.

3. 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.

4. The headings in these terms are for convenience only and will not affect their interpretation.

16. Governing law and jurisdiction

1. These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.

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 GIFT TOKEN

 Birthday, wedding anniversary celebration?  For that someone special, why not a Pondplants Gift Token so that they can add something really unique and special to their pond?  The token can be redeemed at any time during the year.  We'll just point them to our website so thay can choose just the right water lily, iris, marginal or poolside plant for their own pond.

We normally dispatch plants within three working days of receipt of order.  Our standard delivery charge is £7.50 per order for delivery within the UK.  For delivery to EU mainland countries please add an extra £7.50 per 2kg and note that we cannot deliver planting crates or snails outside the UK.  Full details on our "Delivery" page.

Our plants are supplied bare-rooted, lifted and prepared on the morning of dispatch.  The potted plants you buy from other suppliers must be re-potted immediately to give them room to grow.  Marginal plants need to be in 5lt mesh crates and water lilies in 10lt mesh crates.

DON'T FORGET TO ORDER PLANTING CRATES

Remember that plants always grow to fill the crate they are in, so size does matter!  Small 9cm crates are suitable for oxygenators and for containing marginal plants in tubs and mini-ponds.  5lt crates are suitable for most marginal plants and for miniature water lilies.  They can also be good for small varieties of lilies in tubs and mini-ponds.  10lt crates are great for water lilies in almost all garden ponds, and they can also provide space to grow for marginals in larger pools too.

 

  

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