By using waterlily.co.uk, and placing an order at waterlily.co.uk you are accepting these Terms. Your existing statutory rights are not affected by these conditions.
- Definitions
- waterlily.co.uk is owned and operated by Mr J Bennett t/a Bennett’s Waterlily Plants also referred to as “we” or “us” in these Terms.
- “Force Majeure” means any cause affecting the performance by waterlily.co.uk of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
- “Working days” means Monday to Friday, excluding Bank or other Public holidays.
- waterlily.co.uk is owned and operated by Mr J Bennett t/a Bennett’s Waterlily Plants also referred to as “we” or “us” in these Terms.
- Orders
- All contracts of sale made by waterlily.co.uk shall be deemed to incorporate these Terms, which shall prevail over any other terms from the party (“the Customer”) with whom waterlily.co.uk is dealing. Cancellation of orders by customers will be accepted in accordance with the Consumer Contracts Regulations. Nothing in these Terms is intended to impinge upon a customer’s statutory or contractual rights to reject faulty goods.
- All orders are subject to acceptance and to availability of the goods ordered: waterlily.co.uk is entitled to refuse any order placed by you.
- You undertake that: a) all details you provide to us for the purpose of purchasing goods offered on our web site are correct, and b) the credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods.
- All contracts of sale made by waterlily.co.uk shall be deemed to incorporate these Terms, which shall prevail over any other terms from the party (“the Customer”) with whom waterlily.co.uk is dealing. Cancellation of orders by customers will be accepted in accordance with the Consumer Contracts Regulations. Nothing in these Terms is intended to impinge upon a customer’s statutory or contractual rights to reject faulty goods.
- Prices
- Goods are invoiced at the price prevailing at time of order.
- There is No VAT on goods ordered from waterlily.co.uk.
- waterlily.co.uk reserves the right to modify the prices from time to time.
- Goods are invoiced at the price prevailing at time of order.
- Delivery, Title and Risk
- waterlily.co.uk shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. The customer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
- customers should notify shortages or damage within 48 hours of delivery.
- Delivery is deemed to take place when the goods are delivered to the customer’s nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
- Title in the goods does not pass to the customer until payment is received in full by waterlily.co.uk.
- If the Customer cannot accept delivery, waterlily.co.uk may at its option: a) store and insure the goods at the Customer’s expense and risk or b) re-arrange delivery provided that waterlily.co.uk may charge the Customer for the additional delivery costs incurred.
- The Customer may request a Proof of Delivery, provided that this request is made in writing within 1 month of the date of delivery and waterlily.co.uk shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
- Upon delivery of the goods, the Customer may be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. waterlily.co.uk shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
- waterlily.co.uk shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. The customer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
- Payment
- Payment is due before shipment.
- Payment is due before shipment.
- Product specifications
- waterlily.co.uk makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
- waterlily.co.uk has to adhere to the manufacturer’s guidelines stipulating that a given defect(s) that are deemed acceptable before an item is accepted for replacement on grounds of fault.
- waterlily.co.uk makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
- Warranties & Returns
- waterlily.co.uk is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
- Unless otherwise stated in the manufacturer’s documentation, all goods delivered to a UK mainland address carry a specified manufacturer’s warranty.
- Subject to the right of customers to return goods for refund under The Consumer Contracts Regulations (see Clause 11), waterlily.co.uk does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. Such goods are not returnable to the manufacturer and may not be sold to other customers. Accordingly, orders for such goods can not be cancelled and waterlily.co.uk can only return or repair Goods where they prove to be defective and the Goods are returned for repair or replacement.
- In the event that waterlily.co.uk, at its discretion (unless the Consumer Contracts Regulations apply, see Clause 11), agrees to accept the return for credit of unwanted products, the goods must be returned with waterlily.co.uk’s prior written agreement within 14 days of delivery.
- If for any reason products are delivered in an unsatisfactory condition, call us within 48 hours of delivery, and we will do our best to help resolve the problem.
- We cannot guarantee plants beyond delivery as we have no control over planting methods and other conditions.
- For all non-plant products; goods must be unopened, with the manufacturers seals intact and in perfect re-saleable condition All goods returned in these circumstances (except where the Consumer Contracts Regulations apply) will be subject to a 25% re-stocking fee of waterlily.co.uk’s sale price for the goods. Please ensure that the product(s) you have purchased are to your specification prior to breaking the manufacturers seals. This will avoid disappointment and the product(s) being rejected, should you wish to return them.
- No contract shall be cancelled once accepted by waterlily.co.uk nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of waterlily.co.uk and on terms to be determined at the absolute discretion of waterlily.co.uk.
- waterlily.co.uk’s Customer Support staff will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Bennett’s Waterlily Plants, 19 Putton Lane, Weymouth, Dorset DT3 4AE.
- So that we are able to administratively process your return, the Order Number found on your Invoice or Delivery Note must be clearly shown on each parcel returned, and must be in the original manufacturer’s packaging (which shall not be defaced) complete with accessories, manuals and documentation. Hardware must be returned unopened with the seals in tact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
- waterlily.co.uk cannot accept liability for packages damaged during transit. It is the Customer’s responsibility to wrap the product adequately to prevent damage.
- Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
- On receipt of the returned product, if following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility.
- Unless otherwise stated in the manufacturer’s documentation, all goods delivered to a UK mainland address carry a specified manufacturer’s warranty. Customers who wish to make a warranty claim must comply with the manufacturer’s instructions and warranty procedure. In order to resolve your problem as quickly as possible, we will refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. This does not affect your statutory rights.
- This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer’s instructions.
- No products on which seals have been broken can be returned for credit. If any products are faulty, the manufacturer will replace them. This does not affect your statutory rights.
- waterlily.co.uk’s Customer Support staff will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Bennett’s Waterlily Plants, 19 Putton Lane, Weymouth, Dorset DT3 4AE.
- waterlily.co.uk is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
- waterlily.co.uk’s liability
- waterlily.co.uk’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
- Nothing in this agreement shall limit waterlily.co.uk’s liability for death or personal injury caused by its negligence.
- waterlily.co.uk’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
- Health & Safety
waterlily.co.uk confirms that the goods it supplies as a distributor do not present a hazard to health and safety- when properly used for the purpose for which they are designed; and
- if the Customer takes reasonable and normal precautions in their use.
- when properly used for the purpose for which they are designed; and
- Force Majeure
- waterlily.co.uk shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of waterlily.co.uk’s obligations in respect of the Goods, if the delay or failure was due to any cause beyond waterlily.co.uk’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond waterlily.co.uk’s reasonable control:
- act of God, explosion, flood, tempest, fire or accident;
- war, threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- import or export regulations or embargoes;
- strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of waterlily.co.uk or of a third party);
- difficulty in obtaining materials, labour or machinery; and
- power failure or breakdown in machinery.
- act of God, explosion, flood, tempest, fire or accident;
- If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.
- waterlily.co.uk shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of waterlily.co.uk’s obligations in respect of the Goods, if the delay or failure was due to any cause beyond waterlily.co.uk’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond waterlily.co.uk’s reasonable control:
- Consumer Contracts Regulations
- Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the waterlily.co.uk website, or by mail order, are, with the exception of plants, subject to Consumer Contracts Regulations (‘the Regulations’).
- If the Regulations apply, Customers may cancel goods purchased from waterlily.co.uk by sending a written notice of cancellation by post or hand delivery addressed to Bennett’s Waterlily Plants, 19 Putton Lane, Weymouth, Dorset DT3 4AE or by e-mail to orders@waterlily.co.uk
- The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
- The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to waterlily.co.uk, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
- The Customer is under a duty to retain possession of the goods whilst awaiting return to waterlily.co.uk and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
- This statutory right applies to all of our products, with the exception of plants, but regret that we cannot accept cancellations of contracts for the purchase of products where the product box has been opened.
- Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the waterlily.co.uk website, or by mail order, are, with the exception of plants, subject to Consumer Contracts Regulations (‘the Regulations’).
- Errors & Omissions
- waterlily.co.uk makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, waterlily.co.uk will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. waterlily.co.uk’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by waterlily.co.uk after the manifest error has been discovered.
- A ‘manifest error’, as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by waterlily.co.uk which is more than 10% less than the price that would have been quoted had the mistake not been made.
- waterlily.co.uk makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, waterlily.co.uk will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. waterlily.co.uk’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by waterlily.co.uk after the manifest error has been discovered.
- Data Protection
- Website Security
We use the SSL (Secure Socket Layer) encryption standard in all secure areas, including login pages, customer information and payment details. Provided the customer is using an SSL-compliant browser the customer is able to conduct encrypted transactions without fear of an intermediary obtaining the customers credit card information. - Data Protection & Data Security
Data is maintained under the provisions of the Data Protection Act (1998). We may contact the customer from time to time to verify and update the data waterlily.co.uk holds on the records of the customer. - Information Automatically Logged
waterlily.co.uk uses your IP (Internet Protocol) address to help diagnose problems with waterlily.co.uk’s server and to administer waterlily.co.uk’s website. The customer’s IP address is also used to help gather broad demographic information. A cookie is used to identify the customer. - Registration and data sharing
waterlily.co.uk’s site registration and order form requires users to give waterlily.co.uk contact information (such as name, email, and postal address), unique identifiers (such as username and password), demographic information (such as postcode), and financial information (such as account or credit card numbers).This data is stored for use in all waterlily.co.uk’s marketing communications and analysis. - We do not share customer’s information with any 3rd parties.
- Website Security
- General terms of business
- Nothing in these Terms affects your statutory rights as a customer.
- If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
- Any waiver of a breach of this Agreement must be in writing.
- Any variation of this Agreement must be in writing and signed by a duly authorised waterlily.co.uk official.
- The headings are for convenience only and shall not affect the interpretation of this Agreement.
- Assignment You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
- Customer Service queries
waterlily.co.uk shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the customer has made within 5 working days of receipt of any such query.
waterlily.co.uk shall make every reasonable endeavour to respond to complaints within 5 working days and keep the customer reasonably notified of any progress thereafter. - Third Party (Rights) Act 1999
No third party shall be allowed to enforce any rights under this contract.
The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions. - No Waiver
waterlily.co.uk’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the customer in performance or compliance with any of these Conditions. - Notice
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
Notice shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission. - Enforceability
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected. - Dispute
In the event of a dispute between the customer and waterlily.co.uk, should waterlily.co.uk in writing require, the customer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action. - Jurisdiction
The contract shall be governed by the laws of England & Wales and the customer agrees to submit to the non-exclusive jurisdiction of the English courts. - Images
Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed on our website, especially with generic products.
- Nothing in these Terms affects your statutory rights as a customer.
