Terms and Conditions

We would hope that in the interests of good customer relations, that we would always be able to work with you to resolve any problems you may experience. However, it is deemed necessary that we describe the basis for purchase by you and sale by us of the Goods described on this website.

By purchasing goods from Butterfly Cottage Garden Goods, you enter a legally, binding agreement with us on the following terms. You should read and understand these terms as they may affect your
rights and liabilities.

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

only mainland addresses within England, Wales and parts of Scotland. All offshore addresses are excluded eg: the Isle of Man, the Scottish Isles, Ireland and the Channel Isles.

Goods

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

The Website

our presence on the world wide web,currently accessible via the address w...

The Seller, we, or us

Butterfly Cottage Garden Plants: Angela & Andrew Ward is 55 Middle Brook Street Winchester Hants SO23 8DQ

The customer, you:

any person placing an order via the Butterfly Cottage Garden website.

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, insurance and delivery costs are set out in the order page. We will confirm acceptance of your order by email.

We aim to give you a clear idea of the nature of the goods we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions and other information regarding specific Goods 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 order page and will be included in the price for the Goods.

Payment terms

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 Website, unless this is solely due to our negligence.

Delivery

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

If you consider the delivered Goods to be defective in some way, then please contact us immediately by email: andrew.ward203@ntlworld.com including a photograph of the Goods, showing any defects on arrival to you. Once we have received a photograph and have accepted there is a problem, we will arrange for a replacement or refund. We do not undertake to pay postage if Goods are returned to us without our prior knowledge.

Warranties

We aim to provide quality plants to our customers, all delivered in a 9cm pot. All the plants are propagated at the nursery, by us: we do not buy plug plants or order in from wholesalers.

The availability, price and colour of the plants we sell to you may vary according to seasonal changes. We will endeavour to confirm these details when we confirm your order for the plants or prior to delivery. If there have been any material variations, you will have the option of cancelling your order.

Liability

If you have a valid claim in respect of a defect in the quality or condition of a plant or a failure to meet specification in accordance with the Contract, and you have returned the plants within a reasonable time, in accordance with our procedure, 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 try, continually, to improve our Goods, so changes to them may be made at any time. We aim to keep the Website up to date, but the information and specifications given are for your information only and are subject to change without notice. Pictures on the Website are generally accurate but variations in colour, shape and size must be expected.

The content of the Website 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 websites to which this Website 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.

Copyright

All the written, photographic, design of the Website 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.

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.

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.

Privacy

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

Changes

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

Complaints

If you wish to complain about any aspect of our service, please email us at andrew.ward203@ntlworld.com

General

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.