Terms & Conditions
TERMS & CONDITIONS
By purchasing goods from Turn it Tropical Limited 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.
Definitions and interpretation
In these terms the following words have the following
The contract for the sale and purchase of the Goods;
We deliver to all countries stated on our delivery page only. No deliveries outside of Europe.
EUROPEAN ORDERS WILL BE SENT AT THE BUYERS RISK. Due to recent problems with parcels being lost or returned to us we can no longer guarantee any orders outside of the UK.
The range of plants and garden products (including any instalment
of the goods or any parts for them) 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.turn-it-tropical.co.uk;
The Seller, we, or us
Turn it Tropical Limited (our Company number is 12143732 and
our registered office is at 74 Langley Road, Chedgrave, Norwich, NR14 6HE
Basis of the sale
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, VAT, insurance and delivery costs are set out in the order
page. We will confirm acceptance of your order on-screen.
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.
Details of the order
The quantity, quality and description of the Goods will be
those set out in your order (if accepted by us).
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.
The Goods which can be ordered via our Web Site are only
available for delivery to you if you are based in our Delivery Area.
Price of the Goods
If the price of the Goods increases between the date we
accept your order and the delivery date, we will let you know and ask you to
confirm by e-mail that the new price is acceptable. If it is not acceptable
then you will of course have the option of cancelling the order.
Our charges for transport, packaging and insurance are
detailed on the delivery page and will be included in the total price for the
We will charge your credit card account for payment upon
receipt of order. We accept no liability if a delivery is delayed because you
did not give us the right payment details.
If it is not possible to obtain full payment for the Goods
from your account on delivery of the Goods to you, we can cancel the Contract
or suspend any further deliveries to you. 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 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.
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.
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.
Risk and ownership
Risk of damage to or loss of the Goods passes to you at the
time of delivery to you or, if you fail to take delivery at the agreed time,
the time when we tried to deliver.
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.
Returns/Options to cancel
Please find details on our Returns Policy page.
Any cancellations need to be made as soon as possible via
email or telephone call, once the order has been dispatched then we cannot
issue any refund.
If you have a valid claim in respect of any of Goods which
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 Goods or replacement Goods 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 your business may suffer.
These terms and conditions do not affect your statutory
rights as a consumer.
We will continually improve the Goods, so changes to them
may be made at any time. 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.
The content of the Web Site is directed solely at those who
access the site from addresses within the Delivery Area.
We assume no responsibility for the contents of any other
web sites to which this Web Site has links.
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.
we will not pass on your details to any third party.
We reserve the right to make changes to this Web Site and
these terms at any time.
If you wish to complain about any aspect of our service,
please email us at firstname.lastname@example.org
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.
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.
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.
Governing law and jurisdiction
These terms will be governed by English law and any disputes
will be resolved exclusively by the English Courts.
Unless otherwise stated, discount codes (including those
offered/displayed by third parties) cannot be used for purchases of gift
Sale Items (Reduced)
From time to time we have goods for sale marked down in
price. This means, in all cases that while the product might well be generally
sound, fit for purpose, and useable, it might also contain structural or
cosmetic variations that would prevent us from honestly selling the goods as
First Quality. The goods are therefore sold as damaged goods, and are sold on a
‘Buyer Beware’ basis. You should be aware these goods may be defective, or
unsuitable for purpose, and are sold as such