1. Definitions. In these terms and conditions the following meanings will apply: The Company means Scottish Bamboo, whose registered office is at Glenesk Cottage, Turriff, AB53 8AH. Customer means the person or company whose details are entered on any order or enquiry form on this website. Browser means any person accessing and using this website by means of software products enabling Internet connection. The Website means the website at www.scottishbamboo.com.
2. Copyright. The website is owned and operated by The Company and all contents and designs are copyright of The Company and its suppliers or agents. Browsers using the site are permitted limited rights to view and print the contents for personal use only and are prohibited from copying or reproducing or reusing any of the contents or designs in any medium for any other purpose, in particular but not exclusively for any commercial gain.
3. Products and Services. Products offered by The Company, including for sale through The Website, include bamboo and other hardy tropical and exotic plants. The company undertakes that all products are of suitable quality for purpose (however Customers are asked to ensure that size and species are carefully chosen before ordering.
4. Conditions of Contract. No contract will subsist between you The Customer and The Company for the sale of product(s) or service(s) to you, unless and until The Company accepts and confirms your order in writing or by email. The contract when formed will be deemed to have been concluded in the UK and will be interpreted, construed and enforced in all respects in accordance with the laws of the UK, and will be subject to the jurisdiction of the UK Courts. In the event that any clause within these terms is deemed at law to be unreasonable or unenforceable such clause will be deleted and such deletion will have no bearing on the validity or interpretation of the remaining clauses.
5. Delivery. Delivery of products ordered from stock will normally be made within 7 working days however please allow up to 14 working days. Carriage costs will be charged as indicated on the order and confirmed to the Customer with the order acknowledgement. The Company will use its best endeavours to ensure timely delivery of all orders, but time of delivery will not be capable of being made of the essence of the contract as actual delivery to the Customer will be by independent carrier and outside the direct control of the Company.
6. Price and Payment. The Company reserves the right to vary prices to reflect changes in price from its suppliers without notice and the contract price will be the price quoted in the contract confirmation. All prices stated include 20% VAT. The price of the contract will require to be paid in full prior to dispatch of the products or fulfilment of the services unless otherwise agreed. Payment is of the essence of the contract and the Company will be relieved of any obligation under the contract if payment is not made in accordance with the contract terms.
8. Guarantee. The Company guarantees that all products and services supplied will be of suitable quality and fit for their designed purpose. Exceptionally however, any discounted or sale products will be sold as is and are specifically excluded from this guarantee. No guarantee is offered where products are used for purposes other than that for which they were designed. This guarantee is in addition to, and does not affect, your statutory rights.
9. Cancellation. In the unlikely event that the Company cannot fulfill the order, the Customer will be notified within 7 days and a full refund will be issued. As required by the Distance Selling Regulations the customer has the right to cancel the order and return the goods to the Company (at their own cost retaining a receipt as proof of return) within 7 days of receipt. If the Customer wishes to cancel the order they must notify the Company in writing (letter, fax or email).
10. Returns. In the unlikely event of products being faulty / damaged, please report such problem immediately (within 48 hours) to Scottish Bamboo using the contact details on the website. Arrangements for the return of such product will be made on your behalf and the cost of return and replacement will be met fully by the Company. Goods should be returned together with original packaging wherever possible. In the event of cancellation of the contract (i.e change of mind or wrong product ordered), the Customer will be responsible for the safe return (the customer has a statutory duty to take care of the plants and return undamaged), and all costs of return, of the products undamaged, together with all original packaging. This must be done within 7 days of receipt.
11. Liability. To the maximum extent permissible in law, the Company excludes all liability for any loss or consequential loss however incurred by the Customer, arising from any action or omission or failure by the Company in connection with the contract. In any event the maximum liability of the Company will be not more than the purchase price of the products or services under the contract, should the contract be cancelled for any reason.
12. Title and Risk. Title in the goods will pass to the Customer on payment of the full purchase price. Risk however, will be carried by the Company until such time as the products are delivered to the Customer.
13. Force Majeure. In the event of circumstances outside the Companys control affecting the performance of the contract, the Company will be entitled to notify the Customer and revise or cancel the contract to reflect the changed circumstances and the Customer will accept such changes.
14. Notices. All communications in connection with the contract will be deemed to have been served if sent by ordinary mail to the Customers postal address or by email to the Customers email address, as notified to the Company by the Customer. Communications to the Company should be addressed to the registered office address at Glenesk Cottage, Turriff, Aberdeenshire, AB53 8AH or by email to firstname.lastname@example.org. Or contact by telephone at 01888 560834.
15. Exceptional circumstances Bamboo Flowering Flowering in the bamboo world is a very unique and rare phenomenon and no-one knows when a particular species will flower as flower patterns are as infrequent. If a bamboo purchased from ourselves flowers during it's lifecycle, the company are not responsible for this flowering phenomenon as it is a natural phenomenon.
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