Terms & Conditions
We ask you to accept some basic terms and conditions of sale - set out below. These are as much for your protection as ours and they form the basis of a contract between you and PRADARUSTICA. Any sale we make to you will be under the assumption that you have read them, accepted them and are happy to proceed with your purchase on that basis. |
1.
Definitions Buyer - the person who buys or agrees to buy the goods from the Seller. Conditions - the terms and conditions of sale as set out on this web page and any special terms and conditions agreed in writing by the Seller. Goods - the article(s) which the Buyer agrees to buy from the Seller. Price - the price for the Goods and any carriage, packaging and insurance costs. Seller - PRADARUSTICA - 7 Essex Close, Eastcote, Ruislip, HA4 9PX 2. Conditions 2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions. 2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions. 2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions. 2.4 These Conditions may not be varied except by the written agreement of the Seller. 2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. 3. Price The Price shall be the price quoted on the Seller’s confirmation of order. It will also include carriage if carriage is required to fulfil the order. 4. Payment Payment of the Price shall be made before despatch of the Goods. Payment funds must have cleared the Seller's account before despatch. 5. Goods The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order. 6. Warranties The Seller warrants that the Goods will, at the time of despatch, correspond to the description given by the Seller in the confirmation of order. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded]. 7. Carriage of Goods Carriage will be chargeable on all sales at an amount agreed between the Seller and the Buyer. 8. Delivery of the Goods 8.1 Delivery of the Goods shall be made to an address stipulated by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery. 8.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods to meet the agreed delivery date, but does not guarantee delivery on any given date. Time of delivery shall not be of the essence of the contract unless this is specified in advance by the Buyer and is within the means of the Seller to achieve it. 8.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract. 8.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing. In such cases any natural loss of vegetative efficacy shall be deemed the responsibility of the Buyer not the Seller. 9. Acceptance of the Goods 9.1 As vegetation may be involved the Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer. 9.2 The Buyer shall carry out a thorough inspection of the Goods within 24 hours of delivery and shall give written email notification to the Seller within this time of any defects which a reasonable examination would have revealed. 9.3 Where the Buyer has accepted, or has been deemed to have accepted the Goods, the Buyer shall not then be entitled to reject the Goods later unless rejection falls within his/her statutory rights as a consumer. 10. Title and risk All Risk shall pass to the Buyer on delivery of the Goods to the Buyer’s address |