A. Definitions and Interpretation

In these terms the following words have the following meanings

Contract

The contract for the sale, purchase and delivery of the Plant/s and/or Good/s.

Goods

Plants and other items which are available for purchase from our website.

Website

Our presence on the internet at www.bluebellcottage.co.uk

We/Us/Our

Bluebell Cottage LLP, trading as Bluebell Cottage and Bluebell Cottage Gardens

You/Your

The person(s)/company/group/organisation/partnership or other entity placing the order

Our Registered business address and postal address

Other contact information

Company Number: OC324445

AFRS VAT Number: 020 4836 52

B. Agreement

• An agreement to sell Goods to you is made on these terms when we accept an order placed by you via our Website. The description of the Goods and the price including any applicable VAT and delivery charges are set out on the website order page. An order confirmation will be sent to you by email upon completion of the online order process. Placing an online order does not guarantee availability of all or part of the order. We shall not be liable for any direct or consequential costs incurred by you as a result of non availability or non delivery of all or part of any order.
• We aim to provide the most accurate description and information we can relating to the Goods that we sell. In particular, descriptions of plants are subjective in relation to colour and form, and plants may grow differently in different conditions. Plants also look different at different times of year. We therefore advise that illustrations, descriptions and other information given in good faith are approximate and for guidance only. Should you believe that a plant supplied by us varies from the description such that it cannot be considered to be the same plant as that described please advise us as soon as possible.
• The content of the Website is directed solely at those who access the site from addresses within our Delivery Area (see ‘Our Delivery Service’ page on our Website).

C. Your order

• If your order is accepted by us the quantity, type, pot size (if applicable) and description of the Goods to be supplied will be as set out in your order. Substitutes will only be made with your prior agreement.
• Orders are accepted at our sole discretion but are normally accepted if the goods are available and payment of cleared funds has been received. In addition to this the correct delivery charge must have been paid and the delivery address must be within our delivery area. Details of our delivery area are on our website on the ‘Our Delivery Service’ page.
• Price of Goods
  
  • As at 1st January 2025, Bluebell Cottage LLP is registered with HRMC under the Agricultural Flat Rate Scheme. Under this scheme we are not required to charge VAT. VAT is not included in the prices shown on our website and no VAT will be added to your order unless you are registered for VAT, in which case we reserve the right to add 4% VAT to the total value of Goods on your order.
  • We reserve the right to alter prices for Goods at any time.
  • The change of a price for a Good on our website shall constitute notification of change.
  • If the price of an ordered Good increases between the date that you place order and the despatch date, we reserve the right to decline to accept the order until we receive confirmation that you accept the revised price. In the event that an incorrect price has been published on the website we reserve the right to decline to accept the order until you agree to pay the corrected price.
  • If the revised price or corrected price is not acceptable then we will offer you the option of cancelling all or part of your order. If a refund is due to you as a result of cancellation for reasons under d. above we will promptly issue a credit note or refund in accordance with your preference.
  • We will not replace an out of stock item with a substitute item without your prior approval
  • From time to time we may offer promotional incentives or discounts. Any terms and conditions which relate specifically to these incentives or discounts will be set out in the Terms and Conditions of the promotion
  • We reserve the right to withdraw any promotion, incentive or discount at any time in line with statutory regulations.
• Payment terms
  
  • We will usually charge your credit/debit card account for payment, or take payment by the methods offered on our website at the time of order.
  • If it is not possible to take payment with order, an order may be placed unpaid. Upon receipt of an unpaid order, we will select the stock requested, calculate delivery costs and contact you to obtain payment. The goods will not be despatched until cleared funds have been received. If full payment or an agreed deposit is not paid in a timely manner we reserve the right to cancel the order and return the Goods to our stock.
  • We will take all reasonable care to keep all information connected with your order secure. Please read our Privacy Policy. All payments are processed by reputable third party providers and we do not hold any of your financial information on our own website. 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 via our website, unless this is solely due to our negligence.
• Delivery
  
  • We will deliver the Goods by our chosen carrier to the delivery address specified for the order. Please ensure that address is accurate. It is helpful if you can provide a secure place to leave your order in the event that you are not present at the time of delivery.
  • If you do not specify a specific place to leave the parcel you may receive a card informing you of attempted delivery. It may be necessary for you to make arrangements with the carrier for redelivery/collection. We cannot accept responsibility for damage to Goods as a result of excessive delay in re-arranging delivery following a failed delivery attempt.
  • We cannot accept any liability for any loss or damage to the Goods after 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.
  • Further information about our Delivery service can be found on the ‘Our Delivery Service’ page on our website.
• Risk and ownership
  
  • Risk of damage to or loss of the Goods passes to you at the time of delivery or, if you fail to take delivery at the agreed time, the time when we made reasonable endeavours to deliver.
  • In the event that you are present at the time of delivery and the package/s are damaged we advise that you either sign for the goods as ‘Damaged’ and contact us immediately or reject the parcel and request that it is returned to us. In the event that you have accepted delivery, it would help if you are able to obtain a photograph of the packaging prior to opening it.
  • If you accept a damaged parcel and no notification is made to the carrier at the time it may invalidate any claim we have against the carrier, which in turn may invalidate any claim you make against us.
• Returns/Cancellations
  
  • If you change your mind and wish to cancel your order please contact us as soon as possible and in any case within seven days of delivery. In accordance with your statutory rights you may cancel your order within 7 days of receipt and receive a refund provided the goods are returned in the condition in which you received them.

D. Privacy Policy

We strive to protect your data and your privacy. We do not use marketing or advertising cookies, or track your activity on the internet beyond your use of our Website. We do not pass on or reveal your personal information to third party other than for the purpose of processing your order, taking payment and making the delivery.

E. Warranties

• We strive to provide quality plants and Goods to our customers. We guarantee our plants to be true to name. We guarantee all plants listed on our Website as Hardy for a period of one year from receipt, conditional upon you following any cultural instructions and practising generally accepted good plant husbandry. If the plant dies up to one year from delivery and you have taken reasonable steps to take care of it, we will either replace it free of charge or issue a credit note or refund. We may ask for a photograph of the plant or that you return the plant. We will do our best to resolve the matter to your satisfaction. If agreement cannot be reached the choice of method of resolution is ultimately and solely ours. This does not affect your statutory rights.
• We further undertake that the Goods will be in good condition at the time of delivery and will be of the type and quantity ordered, or be suitable substitutes agreed with you prior to despatch.

F. Liability

• If you have a valid claim in respect of any Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the terms above, 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 a replacement of the same free of charge subject to availability.
• We shall not be liable to you in connection with any contract, in tort (including negligence), or otherwise for any loss of profit, anticipated savings or loss of data that you may suffer.
• These terms and conditions do not affect your statutory rights as a consumer.
• We will not be liable to you for a breach of this contract for delay or failure to perform as a result of a cause beyond our reasonable control.

G. Copyright

• All of the content of the Website, including but not limited to, words, photographs, design, format, source data and other data and all coding are the copyrighted property of Bluebell Cottage LLP. All rights are hereby reserved.
• None of the material in 11 a. above may be used without our written permission.
• You may print copies of your order or other pages to assist you with choosing your Goods and to enhance your personal knowledge. However the use of any of the content of our Website for commercial gain, financial reward, education or entertainment of third parties even if undertaken without remuneration is expressly forbidden, subject to 11.d. below.
• If you wish to make use of the content for educational or entertainment purposes please contact us beforehand to clarify what content you wish to use, the purpose and your intended audience. We reserve the right to charge a fee or to request a credit for the use of our copyrighted material, at our absolute discretion.

H. Changes

We reserve the right to make changes to the Website and to these Terms at any time.

I. Complaints

• If you have a complaint about any aspect of our Goods or services please contact us at the earliest opportunity. We welcome the opportunity to address problems and put matters right. We prefer that formal complaints are set out in written form, ideally by email. Our contact details are at the top of these Terms and Conditions.
• 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.

J. Governing law, jurisdiction and interpretation

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