Terms and Conditions
Introduction
1.1 Form offers both an online and telephone-based service for purchasing living trees, plants and
ancillaries (“the Products”). “Form” or “we/our/us” means Form Plants Ltd, a company registered in England (Company Number 11630745) and with its registered office at Dorney Court, Court Lane, Dorney, SL4 6QP.
1.2 By using this Website and/or placing an Order you agree to be bound by the terms and conditions,
set out below. If you do not agree to be bound by these terms and conditions hereunder, do not use, or access this website. You must read and accept all of the terms and conditions contained herein before you may use or access the Website in any way.
1.3 These terms and conditions constitute the entire terms and conditions upon which Form
provides the Website and upon which the Customer agrees to contract for the purchase of Products except where specifically varied by written agreement by Form on its order confirmation. They supersede any written or oral representations, statements, understandings, or agreements.
1.4 From time to time, it will be necessary to update the terms and conditions and you agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.
1.5 Definitions in this Agreement:
“Agreement” means these terms and conditions together with the Customer’s Order as confirmed
in Form’s Order Confirmation.
“the Customer” and “User” or “You / Your” means the company, firm, person, persons, corporation or public authority identified in the Website as contracting for the Service and includes their successors or personal representatives.
“the Contract Price” means the price for the Products ordered, as set out on the Website.
“Information” means any and all material contained in this Website.
“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, trademark (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.
“the Website” means the Form Plants website operating under the domain name of
www.FormPlants.com
“Working Day” means within the hours of 9.00am to 5.30pm, Monday to Friday only, not including
bank holidays;
“Order” means the Customers instruction to Form to proceed and supply the Products.
“Order Confirmation” means the email acceptance sent by Form following receipt of the
Customer’s Order.
“Plant Care” means good practice when handling, planting and caring for plants. Plant care will vary depending upon the requirement of the specific type of plant, it is the customer’s responsibility to ensure appropriate plant care is provisioned.
“Product Characteristics” means natural variations in shapes, colours, sizes and all other natural features of plants and other products supplied by Form.
“Plant Sizes” means the sizes specified in the product description.
“Specials” means non-stock items sourced specifically to fulfil your order.
Service provision
2.1 Form will provide an order acknowledgement for all orders placed but reserves the right to accept or reject any Order at its sole discretion.
2.2 Form will use all reasonable endeavours to provide the Products as described on the website.
Basis of Use of the Website
3.1 The Customer agrees to the following:-
3.1.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions
contained hereafter;
3.1.2 that you will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the information contained in the Website (“the
Information”) at any time;
3.1.3 that you shall not use the Information for any unlawful purpose or in any unlawful manner;
3.1.4 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
3.1.5 that you shall not run any tools on the Website that systematically retrieve web pages for offline
or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;
3.1.6 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested with Form at all times;
3.1.7 that you acknowledge that Form has no obligation to provide the Website or any Information or to ensure that you are able to use, provide and/or access the Information, and the Website;
3.1.8 that you will indemnify and keep indemnified Form against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.
Order Process
4.1 An Order may be placed by telephone by calling 01753 628664 or on our website at www.formplants.com
4.2 Where an Order is placed orally or in the event of any dispute as to the Order, the Order Confirmation shall be deemed as the authoritative Order.
4.3 If placing an Order by email to, [email protected], please remember to list the name, telephone number, quantity, type of product, delivery address.
4.4 All quotations issued by email or through the website will be valid for 30 days from the date the issued.
4.5 No Agreement in respect of any Order shall exist between us and you until your Order has been accepted by us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
4.6 Please note with regard to any telephone calls between us, we record all telephone conversations to assist with training and to ensure the best service is being provided.
4.7 Customers who require the use of the postal service must provide us with the correct postal and delivery details and are obligated to communicate with Form in writing by post to Form Plants Ltd, at Dorney Tree Nursery, Court Lane, Dorney, SL46QP
Customer Obligations
5.1 The Agreement will relate only to those Products which we have confirmed in the Order Confirmation. No Agreement in respect of any supply of Products shall exist between us and you until your Order has been accepted by us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
5.2 When placing an order for the first time, you will be required to register with us over the telephone through the order process.
5.3 The Customer is responsible for providing a satisfactory level of cooperation and for providing all necessary Information and facilities to enable Form to produce and deliver a quality service, including:
5.3.1 necessary information for registration including name, home address, delivery address, email address, landline and mobile telephones;
5.3.2 providing a signature for goods when received.
5.4 The Customer is advised to understand plant characteristics, and plant care specific to the plants being purchased.
5.5 The customer is advised that due to plant characteristics, plant shapes, colours, sizes and other natural features may vary from images shown and products displayed in our showrooms. Plants are living things and individual characteristics will differ from plant to plant. Form will endeavour to use images and display plants which best represent our products however natural variance will always prevail.
5.6 The customer is advised that plant sizes are approximate and from time to time plants may be slightly smaller or larger than specified on the order confirmation and product description. Plant sizes can vary dependent upon natural factors and timing in relation to growing seasons.
5.7 Without prejudice to its rights in terms of Clause 9 hereof, Form is entitled to suspend or terminate the Agreement if the Customer fails to comply with any of its obligations under this clause.
Third Party Websites
6.1 The Website contains links to websites operated by parties other than Form. Such links are provided for the User’s convenience only. Form does not control such websites, and is not responsible for their content. Form’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third-party websites, and also the value and integrity of any goods and services offered by such websites.
6.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.
Charges
7.1 Charges are based upon the Customer paying for the Products in advance.
7.2 The prices charged initially shall be those stated on the Website and in the Order Confirmation provided to the Customer.
7.3 No products will be despatched until payment has been received.
7.4 Form reserves the right to change prices or institute new charges for Products at any time.
Payments
8.1. Prices exclude VAT which shall be added and charged at the prevailing rate. We accept payment in British pounds sterling only.
8.2 You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your Order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your Order.
8.3 The Customer shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to Form.
Proprietary Rights
9.1 All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to Form, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Form or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.
- Termination
10.1 Form may without prejudice to its other rights be immediately entitled to suspend or cancel each or any of its contracts with the Customer upon the occurrence of any of the following:
10.1.1 The Customer shall fail to make payment of any sum owing on the due date or commits any act of bankruptcy or makes any arrangements with its creditors or if any execution or distress is levied upon the goods of the Customer; or
10.1.2 Being a body corporate shall have a receiver or administrative receiver appointed or if any petition be presented for an administration order or if any petition be presented or resolution passed for the winding up of the same (otherwise than for the purpose of a bona fide amalgamation or reconstruction) or Compounds with its creditors or becomes insolvent or any step is taken to proceed to such winding up or receivership; or
10.1.3 The Customer makes default in respect of any of its obligations under any of its contracts with
Form. Any occurrence of the above events shall render all amounts owing in respect of goods
sold by Form to the Customer to become immediately due and payable.
Warranty given by Form
11.1 Form undertakes to use reasonable skill and care in providing the Service as described in the website.
11.2 Except as expressly provided in this Agreement, no warranty, condition, undertaking or term, expressed or implied, statutory or otherwise, as to the condition, quality, performance, durability or fitness for purpose of the Products is given or assumed by us and all such warranties, conditions, undertakings and terms are hereby excluded insofar as permitted by law.
11.3 We shall not in any case be liable to you or to any other party for direct, special, incidental, consequential indirect or similar loss or damages (including all manner of costs, fees and expenses) arising from breach of warranty, breach of contract, negligence or any other cause.
11.4 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Form becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Form’s negligence) or otherwise, will not exceed the value of the Order.
Product Characteristics
12.1 The nature of our products means that the shape, size, look, colour and tone may vary resulting in the actual product differing in shape, size and appearance from the photographs in our brochure, website, other marketing material and mediums or the products on display at our showrooms.
12.2 The Customer is responsible for ensuring that the goods are suitable for their intended purpose and no warranty condition or representation is given by the Form as to the fitness of the goods for any particular environment unless otherwise expressly agreed. Different plants will require different growing conditions and it is the customer’s responsibility to ensure the product is suitable for the specific site and conditions.
12.3 The goods are sold on the express understanding that they are subject to natural characteristics, variation in shape, size, look colour and tone are all part of the makeup and appeal of our products.
Force Majeure
13.1 Form shall not be liable to you or be deemed to be in breach of the Agreement by reason
of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:
13.1.1 act of god, explosion, flood, tempest, fire or accident; weather.
13.1.2 war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition;
13.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any
governmental, parliamentary or local authority;
13.1.4 import or export regulations or embargoes;
13.1.5 strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or
13.1.6 technical problems, external circumstances preventing suppliers delivering against deadlines or
13.1.7 preventing delivery of 3rd party against agreed commitments including postal delivery services.
Cancellation (Consumer Purchases)
14.1 If you are purchasing as a consumer, you may cancel your Order with us for the Products you order at any time up to the end of the fourteenth day after the date you receive the ordered Products, subject to clause 14.2 below. You do not need to give us any reason for cancelling your Order nor will you have to pay any penalty, subject to clause 14.2 below.
14.2 You cannot cancel your Order, if the Products you have ordered are not a stock item or not standard products. These are referred to as specials/special orders.
14.3 No refunds will be provided for special orders.
14.4 The Product must be unused, in its original packing and in a saleable condition, and has been provided with relevant plant care.
14.5 To cancel your Order, please provide us with written notice by post to Form Plants Ltd, at Dorney Tree Nursery, Court Lane, Dorney, SL46QP or emailing [email protected] or by telephone in each case within the statutory cooling-off period and giving details of the items ordered, and (where appropriate) their delivery date.
14.6 If you have received the Products before you cancel your Order then (unless clause 14.2 applies) you must send the Products back to our contact address at your own cost as per the Distance Selling
Regulations. Where you fail to return the Goods to us, we shall be entitled to charge you for the reasonable costs of collecting the Goods from you. We reserve the right to deduct such costs from any refund due to you.
14.7 Once you have notified us that you are cancelling your Order, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your Order being returned, provided that the Products in question are returned by you and received by us in a reasonable condition. If you do not return the Products delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.
14.8 Business purchasers have no right to cancel orders under clauses 14.1 to 14.6.
Cancellation by us
15.1 In addition to our rights under clause 10 above, we reserve the right to cancel the contract between us if:
(i) we have insufficient stock to deliver the Products you have ordered;
(ii) we do not deliver to your area; or
(iii) one or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error or change in the pricing information.
15.2 If we do cancel your Order we will notify you by e-mail or by letter and will re-credit to your account any payment received by us as soon as possible but in any event within 30 days of your Order.
Delivery
16.1 Completed Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.
16.2 Form’s times of delivery will be agreed with the Customer following our acceptance of the Order.
16.3 Form shall bear all risk in respect of consignments until delivered to the Customer. Once a Completed Order has been received by you, responsibility of plant care, all risk of damage to, or loss of, the products shall pass to you.
16.4 We only deliver to the kerbside. However, in the event of the Customer requires us to deliver on their private property. This will be at the discretion of the driver/management and may be refused and will be subject to the Customer indemnifying Form against all damages.
16.5 We reserve the right to use 3rd party haulage companies to deliver Products.
16.6 The Customer is responsible for informing Form as to the nature of the delivery address road surface. Some surfaces (such as gravel or loose, uneven or sloping ground) are not suitable for a pallet truck. If the point of delivery is unsuitable for delivery by pallet truck and we are unable to make the delivery due to this, the Customer may be liable for additional delivery charges.
16.7 We shall be entitled to (a) deliver a completed Order in instalments and each instalment shall be deemed to constitute a separate contract and (b) supply only part of an order. Order has been received by you, all risk of damage to, or loss of, the products shall pass to you.
16.8 Delivery dates are approximate only and not an essential term of the Agreement. Form shall have no liability in respect of delay in delivery to the Customer.
16.9 Notification of damage, delay or loss of goods in transit or of non-delivery must be given in writing to Form within three clear days of delivery (or, in the case of non-delivery, within 28 days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to Form within seven clear days of delivery (or in the case of non-delivery, within 42 days of notification of despatch). All other claims must be made in writing to Form within 28 days of delivery. Form shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves
(i) it was not possible to comply with the requirements and
(ii) advice (where required) was given and the claim made as soon as possible.
16.10 Should Form a) not receive delivery instructions or b) be unable through no fault of Form to effect delivery within 30 days after notification to the Customer that items are ready for despatch, the Customer shall take delivery or arrange for storage. Should the Customer fail to take delivery or arrange for storage, we shall be entitled to arrange storage either at our own works or elsewhere on your behalf and all charges for storage, for insurance or for demurrage shall be payable by you.
16.11 If in the opinion of Form, or a delivery partner, the ground or access over which delivery or unloading is required is unsuitable for safe passage Form may refuse to deliver or deliver to the nearest accessible point.
16.12 The Customer shall indemnify Form in respect of any claim for loss or damage arising
from unloading of the goods.
16.13 If, due to customer/customer site related restrictions/issues or unpreparedness, delivery is delayed in excess of 30 days from the agreed delivery date then Storage and transport cost fees will be charged for all specials orders.
Disclaimer and Limitation of Liability
17.1 In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential
losses or damages of whatsoever kind arising out of access to, or the use of this Website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
17.2 To the maximum extent permitted by law, we disclaim all implied warranties with regard to the
information, services and materials contained on this Website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
17.3 Form cannot guarantee 100% uptime and endeavour’s to provide services as described on the website.
Statutory Information
The website www.formplants.com is owned and operated by:
Form Plants Ltd,
Dorney Court,
Court Lane,
Dorney,
SL4 6QP
Email – [email protected]
Company Number. 11630745
General
19.1 Failure or delay by Form in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
19.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
19.3 We shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of your rights or obligations without our written consent.
19.4 The construction, validity and performance of this Agreement shall be governed by English Law.
Form Plants Ltd
