Terms and Conditions

PlantMeNow.co.uk

This website is operated by PlantMeNow (referred to as "PlantMeNow.co.uk/Plant Me Now/us/we/our"). Our office is at the following address: Plant Me Now, Eastcote GC, Hampton Road, Eastcote, Solihull, B92 0JJ. Our VAT registration number is: 443 7462 43

We reserve the right to change these terms and conditions at any time. The changes will take effect upon the date they are posted. It is your responsibility to check and read these terms and conditions before any use of the website, in using this website you signify that you have done so.

By using this website, you (referred to as "you/your") acknowledge that all use including any transactions you take part in ("use/using") are subject to our terms and conditions that follow. Before using this website please (a) carefully read these terms and conditions (b) print a copy for your records.

We reserve the right to at any time, with or without notification to you, modify or withdraw, fully or partially, permanently or temporarily this website.

Orders & Pricing

Any and all orders that you place on plant me now are bound by your acceptance of these terms and conditions.

Any and all orders made by you through plant me now are subject to acceptance by us. We reserve the right not to accept your order for any reason.

Once your online order with Plant Me Now is complete we will send to you an order acknowledgement e-mail that details the product(s) you have ordered. This e-mail is not an order acceptance or conformation of the order. The actual acceptance of the order and the completion of the contract between you and us will take place upon dispatch of the item(s) to you. This is unless we have notified you that the order has not been accepted for any reason. (Terms and conditions for this scenario can be found under ‘Returns and Refunds’)

All taxable goods’ relative VAT is included in the shown price on Plant Me Now but exclude delivery charges which are added in the ‘checkout’ stage of your purchase.

On occasion the prices listed on Plant Me Now differ from those in store. We accept no obligation to honour the prices seen in store when ordering online and the same applies for prices seen online i.e. we accept no obligation to honour them in store. Also although we are dedicated to ensuring that all prices on Plant Me Now are accurate and up to date it is possible that pricing discrepancies may occur, if this happens we will, at our discretion, either contact you and ascertain if you wish to continue with the order at the correct price or cancel your order. Plant Me Now will not be obligated to supply any good at an incorrectly displayed price.

Plant Me Now reserves the right to change offers, the price and specifications of goods as well as the goods themselves at any time at our discretion.

Payment

The Total cost of your order is calculated by adding the price of your selected good (inclusive of VAT) and the delivery charge. Payment can be made using the listed payment types; we however reserve the right to refuse any form of payment for any reason.

All transactions on plant me now involving card payments are subject to validation and authorisation checks by the issuer. If for any reason the issuer of your card refuses to authorise the payment Plant Me Now will not accept your order. Plant Me Now will also accept no liability for delayed or non-delivery of items due to such a refusal. We are not responsible for any bank charges that are incurred following your order at Plant Me Now.

Payment is taken from your card at the time we receive your order. Goods are subject to availability, if for any reason we are unable to supply the ordered items, we will contact you as soon as possible. You will be refunded in full if payment has already been taken.

Delivery

This website is only for delivery of products to customers with addresses in the United Kingdom. Due to the nature and weights we are unable to deliver some products to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands. Where a signature is required, goods must be signed for by an adult aged 18 years or over on delivery.

Delivery charges and estimated timescales are specified in the shopping basket and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors and all goods and products are subject to availability. PlantMeNow shall be under no liability for any delay or failure to deliver the products within estimated timescales. We recommend that you make arrangements for trades people to carry out work on your behalf only after your order has been delivered.

Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

Returns, cancellations and substitutions

We offer a 30-day money back guarantee; please refer to Returns and refunds. Some products such as plants and bulbs are living products needing care and attention; as such we are unable to include them in our 30-day money back guarantee. In the unlikely event that you receive faulty or damaged goods, please refer to our Returns and Refunds section.

Very occasionally the specifications of the product may change. In these circumstances we will do our best to offer you a replacement product of equal or better quality at no additional cost. If you are not happy with the replacement you can return it in accordance with our 30-day money back guarantee.

The measurements and sizes listed on the website are approximate. We do our best to ensure they are as accurate as possible.

Intellectual property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Liability and indemnity

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

Subject to the section above, Plant Me Now will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Plant Me Now will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and PlantMeNow accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

Subject to the sections above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at in the Returns, cancellations and substitutions section above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

Subject to the sections above, Plant Me Now will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • oss of goodwill or reputation; or
  • special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

Notwithstanding the above, subject to the section above Plant Me Now's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.

Miscellaneous Provisions

The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.

Plant Me Now shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Plant Me Now.

Plant Me Now reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:

  1. Plant Me Now (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
  2. Plant Me Now shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
  3. A person who is a permitted successor or assignee of the rights or benefits of these terms and conditions may enforce such rights or benefits.
  4. No consent from the persons referred to is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

No delay or failure by Plant Me Now to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Plant Me Now.

These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements between you and Plant Me Now relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Plant Me Now for your use of this website.