Terms of Business
This site is owned by RP Seeds (hereafter THE MERCHANT).
Any purchase of goods from the site www.rpseeds.co.uk (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
PURPOSE
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
ORDER CONFIRMATIONAll contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
PROOF OF TRANSACTION
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
PRODUCT INFORMATION
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
PRODUCT DESCRIPTIONS
Product descriptions, including photographs, relating to species and their characteristics, are given for general guidance only. THE MERCHANT give no guarantee that the seeds or the resultant crop will behave and/or look exactly as described.
POISONOUS PLANTS & SEEDS
Where seeds or plants are known to be toxic or harmful, we clearly indicate this on product descriptions and seed packets. In the interests of safety and because people are all different and can potentially react to any substance, we advise:
- Store seeds well out of reach of children and pets
- Wear gloves whenever possible
- Wash hands thoroughly after handling
- Never eat any plants or seeds that are not specifically advertised as edible
Seeds should be stored in cool, dry conditions to maintain their viability. Some seeds have a short shelf life and are dispatched directly from cold storage. This will be indicated on the seed packet.
VALIDITY PERIOD OF OFFER AND PRICES
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
PRODUCT AVAILABILITY
We endeavour only to have products available to purchase on our website that are in stock. However, on rare occasions, an item may go out of stock due to unforeseen circumstances. We will contact you to advise of this and a refund issued, or a replacement product sent, in accordance with your instructions.
PAYMENT
All orders must be placed through our website and your payment method selected through checkout.
- Debit/Credit Cards: All major cards accepted via secure payment facilities.
- Paypal
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service which are:
United Kingdom.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
We aim to dispatch orders within 1-2 working days although this may extend to 3-4 working days during peak season (January to June). Any longer delays will be notified by email and/or home page banner announcement.
All orders are sent with Royal Mail and large orders will require a signature.
P&P CHARGES & INSURANCE
P&P is a single charge per order regardless of how many packets are bought:
- UK: £1.99 - FREE on orders of £30 or more.
Products other than seeds may incur additional delivery charges - please see individual product descriptions for details.
Please ensure you select the correct delivery region at checkout. Orders will not be sent until the correct P&P charge is paid.
If an order is returned to us as undelivered by the postal service for any reason, we will refund the cost of the products purchased, not the delivery charge. It is the customer's responsibility to ensure the delivery address on the order is correct.
LOSS OR DAMAGE IN TRANSIT
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within fourteen (14) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
DELIVERY ERRORS
The customer must inform THE MERCHANT within 14 days concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be emailed to sales@rpseeds.co.uk.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
WARRANTY
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
Product descriptions, including photographs, relating to species and their characteristics, are given for general guidance only. We give no guarantee that your seeds or the resultant crop will behave and/or look exactly as described.
We are committed to supplying only high quality products and we believe that seeds sold are true to name and free from disease or defect. In accordance with the established custom of the horticultural trade, we will in no case be liable for more than the actual amount paid for a particular product.
Seed is a living product and as such we give no warranty, express or implied, as to the productiveness of seeds, and will not in any way be responsible for the resultant crop. Sometimes, despite the best efforts of us both, seeds will simply refuse to germinate and as we are not involved in the growing process, we take no responsibility for the customer's inability to germinate the seeds.
Seed counts refer to the minimum number of seeds in a packet and packets will often contain many more than this. For seeds sold by weight, the seed count per gram is intended as a guide only as seeds can vary greatly in size between seasons and crops.
RIGHT TO WITHDRAWAL
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of fourteen (14) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason.
The customer may cancel your order within 14 days commencing on the date the order is placed via THE MERCHANT website. Notice of cancellation must be made by email (sales@rpseeds.co.uk). You will receive a refund within 3 working days of receipt of returned goods. Unless products supplied are defective, damaged or not as specified on your order confirmation, you are responsible for the cost of returning goods to us.
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
The use of any trademarks, logos, photos, brands, descriptions and articles present on the site is strictly forbidden. Our branded product range is prohibited from resale on any public platform without our express written permission and the use of the said products for dropshipping is strictly prohibited.
FORCE MAJEURE
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
PARTIAL INVALIDITY
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
DATA PROTECTIONAll personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
PRIVACY POLICY
We are committed to respecting and protecting your privacy. Information provided by you by which you can be identified when using our website will only be used in accordance with this privacy statement.
We will only use the information we collect about you to supply you with the products ordered, for internal record keeping and possible for our own promotional emails. We will not bother you with unwanted mail or phone calls.
During the ordering process, we may collect some or all of the following information:
- Your name and address
- Your email address and telephone number
- Your company name if applicable
We will not disclose, sell or rent this information to any 3rd party.
We do not store, nor do we have access to, any of your debit/credit card details. All card payments are secured processed by our merchant without disclosure of any details to us.
IP addresses may be logged to analyse visits to our website, but are not linked to any personally identifiable information.
LINKS TO AND FROM 3RD PARTY WEBSITES
We are not responsible for and accept no liability for the content or privacy practises of any 3rd party linked website.
APPLICABLE LAW AND COMPETENT JURISDICTION
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.