Terms & Conditions
Our Terms and Conditions are going to be updated soon so please keep checking back and make sure you agree with the new terms and conditions when they are introduced.
SUPPLEMENTARY TERMS OF BUSINESS
All prices in the garden seed catalogue are in pounds sterling, and are NET for payment with order and include VAT where applicable; prices in the market growers catalogue are exclusive of VAT, with the exception of the p&p, VAT should be added where applicable (on flower seeds). VAT will be shown separately on your delivery note or invoice. VAT where quoted is at the current rate of 20% and we reserve the right to change this if necessary. We regret that we are unable to accept payment in EUROS at this present time. We accept payment on MasterCard & Visa credit cards, JCB credit cards (online only) and also Visa and Electron debit cards, in addition to cheques and postal orders; you MUST include a landline telephone number if paying by card. Please note we can only accept BACS payments by prior arrangement andthere is an additional fee of £2.00 payable to Tuckers for using this service or £9.00 if payment originates from outside the UK.
All overpayments and underpayments will be notified on delivery notes. All overpayments will be held as credit, if you require a refund, please notify us. Our company policy is that underpayments are not held over; this enables us to streamline processing and allows us to dispatch orders more efficiently and keep administration costs to a minimum. We will simply deduct items to the value of any underpayment from your order. If you need to reorder any items, normal postage rates will apply, we hope this will not cause you any inconvenience.
For credit account customers the credit charge may be deducted for payment by the 20th of the month following the date of delivery, unless otherwise stated on invoice; thereafter the total invoice will become due. A minimum spend of £50 applies to all credit account transactions. We reserve the right to close a credit account if the minimum spend of £1000 per year is not met. Once a credit account becomes overdue, no further orders can be added to that account until the balance is paid. Interest at 2% per month of the balance will be added at the end of the third month. We reserve the right to disallow deductions made outside of our Terms of Business, whether or not payment of a part of the debt has been accepted. We reserve the right to pass any outstanding account to our solicitors or other third party, as and when it is deemed appropriate, in which event a £60 administrative charge shall become immediately payable, together with all legal costs, as they are incurred. The customer’s obligations in respect of payment shall not be varied or altered in any way by the fact of submission of a complaint. Until we receive payment in full, the product sold or supplied by us shall remain our property, but the risk therein and all liability to third parties in respect thereof shall pass to the buyer on delivery. In the event of the buyer committing any act of bankruptcy, having a receiver appointed or, being a company, going into liquidation, then the buyer agrees that we may enter upon the buyers premises where products sold or supplied may be, and recover the same.
You have the right to change your mind, with the exception of perishable goods. Perishable goods are as follows: artichokes, asparagus, blackcurrants, chinese artichokes, comfrey, garlics, gooseberries, horseradish, mushrooms, onion sets, potatoes, raspberries, redcurrants, shallots, strawberries & whitecurrants. If you do change your mind you must send notification in writing (email, letter or fax) within five working days of receipt of the goods, of your intention to return them. The responsibility for these goods remains yours as is the responsibility to return them to us and you must ensure that they reach us in a good condition. We recommend that you should obtain a proof of posting. If you would like us to arrange collection of heavy goods, please contact the office, this service will be charged. If a perishable item is reserved for you at your request and you change your mind before we dispatch them, we will do our utmost to sell them elsewhere, however if this is not possible, we reserve the right to charge for any losses incurred.
We will endeavour to deliver all goods on the delivery date required, provided goods ordered are available, but we cannot guarantee delivery within a specified time period and/or on a specified date. When you receive your parcel from us, please open it immediately and check off the items contained in the parcel against the enclosed delivery note. If any goods are missing or damaged please let us know within five working days and we will replace the goods (if possible) or refund you in full for them. You MUST keep any damaged goods for our inspection until your complaint has been dealt with, and you must mark the couriers consignment note with “received damaged” when signing for parcel. We also recommend that you keep all packet labels until crop has been harvested; all labels show reference numbers and in case of complaint or query, we will need these reference numbers to trace batches back to source. No complaint in respect of the performance of goods shall be considered unless the customer is able to establish to our satisfaction that the seed grown and alleged to have performed unsatisfactorily was in fact supplied by us, sown on suitably prepared ground, treated carefully and correctly throughout and subject only to such conditions as were likely to produce a favourable crop. Any failure by the customer to comply with any aspect of the complaint procedure, as set out here, shall preclude the customer from making any claim in respect of the goods against us. We do not guarantee, represent or offer any warranty whatsoever in respect of the following: that the goods will necessarily be fit for the customer’s intended purpose, the customer shall satisfy themselves that the goods ordered are of a variety and performance satisfactory for their requirements and shall be deemed to have ordered the same at their own risk; that the goods will produce the results indicated by any germination figures, general guidance, tests, quality data or other literature supplied by us in respect of those goods, the customer acknowledging that results will depend on a variety of factors including location, cultivation measures and climatic circumstances; that use of the goods does not infringe any intellectual property rights of third parties. We will endeavour to deliver goods that are free from any latent defects but cannot guarantee or warrant in any way that such will be the case and it is not a condition of sale that the goods will be free from any latent defect. If, in our opinion a complaint by the customer is justified, we will, at our option, make good the damage to the goods, provide a refund or replace the goods, provided always that the customer fully cooperates with us and any involved third parties and that the customer takes all possible steps to mitigate their losses. If we are liable for any damage incurred by the customer, our liability shall be limited to the amount of the invoice (excluding VAT) charged to the customer in respect of the delivery concerned. We shall not in any circumstances be liable for any indirect damage suffered by the customer or any third party, including consequential damage or loss of profit. Any potential claim for compensation or complaint based on these terms and conditions shall expire in the event that no claim has been issued in writing against us within 12 months of the delivery of the goods.
Details of analysis are stated on the bag or label or accompanying delivery note of mixed agricultural seed, feeding stuffs and fertilizer. Details of analysis, non-warranty, plant breeder’s royalties and other matters affecting these items are available on request. All products are sold on the understanding that they are used strictly in accordance with the makers recommendations as printed on the containers and / or other documents of advice, we accept no responsibility for any misuse of these commodities.
All potato seed is subject to the condition of sale of the National Association of Seed Potato Merchants. NO warranty is given as to the germination or crop result and we can not be held responsible for any dry rot or disease which may develop after delivery unless a complaint is made, in writing and received by us within five days of delivery. Full BPTA conditions available on request and are listed on our website.
Whilst we shall make every effort to maintain quoted prices, ALL quotations are given and orders accepted with the proviso that the relevant goods will be available from the manufacturer / supplier at the time for delivery and must be subject to the price ruling at that time if prime costs have risen. We accept no responsibility for non-delivery or increased prices where these are beyond our control.