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TERMS & CONDITIONS OF SALE
By using the Richards website, placing an order for bulbs and/or registering as a member of the Richards website you, the buyer of bulbs (“the Buyer”) from us, Richards, confirm your agreement to our terms and conditions as set out below:
1. Definitions
In these terms and conditions, unless the context otherwise requires the following words and phrases shall bear the following meanings:
| Buyer’s Address |
shall mean the address provided by the Buyer on the order form |
| Complaint Period |
shall mean the period of 7 days following (but excluding) Delivery |
| Delivery |
shall mean the date of delivery of the bulbs to the Buyer |
| Despatch |
shall mean the date of despatch by Richards of the bulbs to the Buyer |
Richards |
shall mean Richards of Cornwall whose address is Carwin Farm Connor Downs Hayle Cornwall TR27 5DG |
| Working Day |
shall mean any day other than a Saturday Sunday or Bank or Public Holiday |
2. Conditions
| 2.1 |
An order for bulbs placed by the Buyer through Richards’ website shall be subject to these terms and conditions |
| 2.2 |
All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law |
| 2.3 |
Nothing in these terms and conditions shall affect the statutory rights of any consumer |
3. Orders
| 3.1 |
All orders for bulbs shall be deemed to be an offer by the Buyer to purchase bulbs pursuant to these terms and conditions |
| 3.2 |
The Buyer shall be responsible for ensuring the accuracy of the details provided on the order form and Richards will not be obliged to accept an order unless all details requested on the order form have been entered correctly |
| 3.3 |
No order submitted by the Buyer shall be deemed to be accepted by Richards unless and until Richards confirm acceptance of the Buyer’s order by e-mail (where applicable) or by telephone or in writing |
| 3.4 |
Richards are entitled to refuse any order and will not be required to provide an explanation |
4. Bulbs
| 4.1 |
The bulbs may differ slightly from the images shown but are supplied true to their name so far as Richards can ascertain |
| 4.2 |
Richards reserve the right to substitute products of a similar description and standard if the requested bulbs are not available but will use reasonable endeavours to match an order exactly. In the unlikely event of the Buyer receiving a substituted product the Buyer shall be entitled to return the bulbs for a full refund within 7 days after Delivery, should the substituted product not be acceptable to the Buyer, but shall have no other remedy against Richards |
| 4.4 |
Plant Health Certificate if required will be charged to the Buyer at cost |
5. Price and Payment
| 5.1 |
The price of the bulbs will be the price quoted on the Richards website at the date the order is received by Richards and will include VAT and cost of delivery in the United Kingdom unless specified otherwise |
| 5.2 |
Richards reserve the right, by giving notice to the Buyer at any time before Despatch, to increase the price of the bulbs to reflect any increase in cost which is due to any factor beyond Richards’ control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture) |
| 5.3 |
In the unlikely event of there being such an increase in the price of the bulbs the Buyer shall be entitled to cancel the order at any time before Despatch |
6. Payment
| 6.1 |
When Richards provide any bulbs to the Buyer under these terms and conditions, payment will be charged to the credit card account provided by the Buyer on the Richards website order form |
6.2 |
By placing an order, the Buyer consents to payment being charged to the Buyer’s credit card account as provided on the order form and payment may be charged by Richards at any time up to 4 days before Despatch but no earlier |
| 6.3 |
Title to the bulbs will pass to the Buyer on payment in full of the price of the bulbs. Until ownership of the bulbs has passed from Richards to the Buyer the entire proceeds of an purported sale of the bulbs by the Buyer shall be held in trust for Richards and shall be identified as money belonging to Richards. |
| 6.4 |
Richards will send an electronic receipt for the price to the Buyer’s email address after Despatch |
7. Delivery
| 7.1 |
The bulbs will be despatched by Richards to the Buyer at the Buyer’s Address |
| 7.2 |
The risk in the bulbs shall pass to the Buyer upon delivery to the Buyer’s Address |
| 7.3 |
Any dates quoted for delivery of the bulbs are approximate only and Richards shall not be liable for any delay in Despatch or Delivery however caused |
| 7.4 |
Due to the nature of the growing cycle the bulbs will be delivered between August-November subject to availability. Orders can be placed at any time but payment will not be taken until approximately four days prior to Despatch. Early orders are essential to secure the required varieties for planting. |
| 7.5 |
If Richards are unable to despatch to the Buyer the bulbs ordered by the date quoted for delivery then the Buyer shall be entitled to cancel the order at any time before Despatch |
| 7.6 |
The Buyer should note that Richards are only able to deliver to locations within the United Kingdom at present |
| 7.7 |
Richards shall not be liable to the Buyer for short delivery of the bulbs however caused but will provide the Buyer with the outstanding bulbs as soon as is reasonably practical. If however Richards shall not have delivered the outstanding bulbs within 7 days from the first date of delivery the Buyer shall be entitled to cancel the order for the outstanding bulbs. |
8. Return of the bulbs
| 8.1 |
The Buyer will inspect the bulbs as soon after Delivery as is reasonably practicable (and in any event within the Complaint Period) and will immediately notify Richards of any shortages, defects in the bulbs or any other complaint in respect of them |
| 8.2 |
If the Buyer fails to comply with this clause Richards will not be held legally liable in respect of any complaint which should have been brought to their attention within the Complaint Period |
9. The Buyer’s warranty
The Buyer warrants that all details provided on the order form for the purpose of purchasing the bulbs are correct, that the credit card the Buyer are using is the Buyer’s own and that there are sufficient funds and/or sufficient unused credit limit available to cover the cost of the bulbs
10. Limitation of liability
| 10.1 |
Subject always to the provisions of clause 7.4 Richards will use all reasonable endeavours to carry out their obligations within a reasonable period of time but will not be liable to the Buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and Richards will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of their obligations in relation to this Agreement, if the delay or failure was due to any cause beyond their reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond Richard’s reasonable control: |
| |
| 10.1.1 |
Act of God, explosion, flood, tempest, fire or accident; |
| 10.1.2 |
War or threat of war, sabotage, civil disturbance or requisition; |
| 10.1.3 |
Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority |
| 10.1.4 |
Import or export regulations or embargoes; |
| 10.1.5 |
Strikes, lock outs or other industrial actions or trade disputes; |
| 10.1.6 |
Difficulties in obtaining raw materials, labour, fuel, parts or machinery; |
| 10.1.7 |
Power failure or breakdown in machinery |
|
| |
If Richards are prevented from carrying out their obligations in the above circumstances, Richards will notify the Buyer in writing. If Richards are still prevented from carrying out their obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the agreement. If the agreement is cancelled in this way Richards accept no liability to compensate the Buyer for any loss or damage caused by failure to perform its obligations under the agreement by a specific time. |
| 10.2 |
Except where the Buyer is dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12) Richards do not give any warranty, guarantee or indemnity as to qualify, fitness for purpose or otherwise of the bulbs |
| 10.3 |
Except in respect of death or personal injury caused by their negligence, Richards will not be liable to the Buyer for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of bulbs other than as a result of a breach of an obligation arising under the Sale of Good Act 1979 (as amended) and the Supply of Goods and Services Act 1973. |
11. Intellectual Property
| 11.1 |
The copyright in the material contained in this website and any trademarks and brands included in that material belongs to Richards or its licensors |
| 11.2 |
The Buyer may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited |
12. Website
| 12.1 |
Richards will attempt to ensure that the information available on the website at any time is accurate. However, Richards will not be liable for any errors or omissions. Richards will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware of or being notified of these |
| 12.2 |
All drawings, descriptive matter and specifications of the bulbs on the website are for the sole purpose of giving an approximate description of the bulbs |
| 12.3 |
Richards may change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability |
13. General
| 13.1 |
Richards may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if Richards do so Richards will post any such changes on the website |
| 13.2 |
If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provisions in question will not be affected |
| 13.3 |
English law will apply to this Agreement, and the parties agree to submit to the jurisdiction of the English courts |
| 13.4 |
The headings in this Agreement are for convenience only and will not affect their interpretation |
14. Queries and Complaints
| 14.1 |
Richards aim to respond to e-mail, faxed and written queries within one working day. Our Customer Services can answer the Buyer’s telephone queries Monday to Friday between 9:00am and 5:00pm |
| 14.2 |
In respect of complaints, Richards will consider the nature of the complaint and will contact the Buyer within 21 days of receipt of the complaint giving the Buyer the result of the enquiries and what Richards propose should be done |
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