Conditions of Use

All goods sold on our Website are subject to availability.

All prices are subject to change without notice.

 

Our Conditions of Use and Sale are set our herein:

By viewing, using this website and or placing you order you are explicitly agreeing to be bound by the terms and conditions set out herein. If you subsequently place an order by email or over the telephone these terms and conditions shall still apply.

Nothing set out in these terms and conditions shall limit our liability for those liabilities which cannot be limited by the law of England. Our maximum liability for any one occurance or series of related occurances shall be the value of the order which you have placed or £50.00 whichever is the lesser. This liability shall be for goods sold to you, services provided by us and advice given by us whether in writing or verbally. We (British Bonsai or Ian Cuppleditch) shall hold no liability whatsoever for any indirect or consequential type losses. These shall include but not be limited to loss or profit, loss of goodwill, loss of data or any costs that could not have been foreseen by us.

These terms and conditions of this Agreement and any agreement entered in to between yourselves and ourselves shall be exclusively bound by the laws of England and shall be subject to any ruling made exclusively by the English Courts.

These terms and conditions shall not be altered or modified without our express written permission.

Whilst we endevour to keep our stock to a maintainable levels, we do occasionally run out of certain goods. Most stock can be replaced within seven days however certain items may take longer. We will inform you if any items on your order are out of stock and offer a full refund for that item if you do not want to wait.

With the exception of our Quality Indoor Trees we do not include any care instructions with the Bonsai that we dispatch, unless specifically requested to do so at time of order placement.

Any care instructions that we supply are only supplied as a rough guide as requirements may change in different growing conditions.

If you are sending a Bonsai as a gift to someone then we would strongly suggest that you let them know to expect it when you receive our confirmation of dispatch email, as we generally will not contact them directly and will not be held responsible for any delivery issues as a result of your recipient not being informed of the delivery.

If you need any help in choosing the correct tree then please do not hesitate to contact us. We shall not be held responsible for any missunderstanding regarding care and correct positioning of trees.

Apart from the trees shown in our Quality Indoor Trees section, the photo that you see is of the tree that you will receive, albeit that the photo may have been taken a while ago or during a different season. Flowers and leaves will not always be in situ and leaf and needle colour may change depending on the time of year and even shape and dimensions may vary depending on trimming, restyling and growth. The trees come in the ceramic/plastic/mica pot as described / photographed but not the stand.The photos shown in our Quality Indoor Trees section are indicative only and show the basic shape only. Proportions, trunk diameter, branch placement, foliage and width will vary with every tree, as no two are alike.

For dry goods such as tools, soils etc, images are indicative only as manufacturers may change and designs alter slightly. For pots, the image you see is what you will receive, albeit colours can vary depending on light conditions and viewing screen types.

We will happily provide additional photos of our outdoor trees over £100.00 once. If you require more photos then we reserve the right to charge for this service. The charge may be deducted from any future purchase.

All images and text on our website or sent to you for the purpose of selling an item is subject to copyright and we reserve all rights of ownership. Use of our images or text from our website or sent to you or other websites which we have licensed our images or text to will be subject to an automatic £200.00 one off licence fee and may be subject to further fees should continued use be required.

We will happily provide photo(s) of a selection of our "Quality Indoor Trees" or Gift Sets for you to choose from at the charges shown once you have placed your order and your payment has cleared. Where possible, the photo(s) will be of three trees but may reduce to two trees at busy periods. We need around five working days to provide this service an we reserve the right to withold this service at certain times of the year without notice, particularly in the run up to Christmas. If you do require a selection of our "Quality Indoor Trees" for you to choose from then you must request and pay for this service at the time of placing your order. If you are not happy with the first selection of trees then we will send another photo of another selection of trees for you to choose from free of charge, however please note that the trees from the first selection set will not be held pending a choice from any other selection. If you require any further photos then we reserve the right to charge a further fee of £5.00 per selection of trees prior to sending the photos (non refundable). We will not send photos of single trees free of charge. If we do not hear back from you within 48 hours of sending the photos then we will send a tree of our choice. If you wish to cancel your order following receipt of any photos then we will refund your intitial order payment only less any charges for photos and reserve the right to deduct an administration fee of 15% of your initial order value with a minimum of £10.00 for any cancelled order plus any other costs which we have incured in processing your order. Please note, these charges and fees are for Services as defined by the The Consumer Protection (Distance Selling) Regulations 2000.

Strictly by written permission of British Bonsai we may licence images from this website at a minimum cost of £200.00 set up fee per image and £200.00 per year thereafter.

Deposits

We will gladly take deposits on any goods sold by us for orders over £250.00 and unless agreed in writing by us, any balance must be paid within 30 days of receipt of the deposit and before the goods are dispatched. All deposits are non-refundable unless the goods that the deposit was paid against become unavailable, in which case the full deposit will be returned.

Payments

We accept all our online payments by either Nochex or PayPal payment systems. These are totally secure systems provided by A regulated companies away from our server. There is no need to sign up for an account with either Nochex or PayPal and you should be able to use most major debit & credit cards with them. If you are having trouble with Nochex or PayPal then please call us.

We reserve the right to make additional security checks on any payment received, prior to sending out the Goods.

Please note that we will dispatch to the shipping address that you enter on your order & not any address given to Nochex or PayPal so please do not be concerned if you are unable to specify a different delivery address on their system.

Alternatively please call us and we will take a payment over the telephone, however payments made online will be quicker and easier for us to process.

We also take payments by bank transfer, cheque or postal order, however you goods will not be dispatched until the payment has cleared. Please make postal order or cheques payable to Ian Cuppleditch.   

We occasionally offer discounts to customers, however if you do not have our permission to use any discount vouchers or numbers then your order will be cancelled and we will deduct any charges from the refund incurred by ourselves and reserve the right to deduct (or charge) an administration fee of 15% of the order value with a minimum of £10.00 for any cancelled order plus any other costs which we have incured in processing your order.

These terms and conditions and all transactions relating to this website are governed by English law and are subject to the exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.

General

Your data protection rights are set out in our Privacy Notice.

These terms and conditions only cover the British Bonsai website. Any other websites to which you link to from this site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control.

We accept no liability for any damage, loss or injury, whether direct or consequential, resulting from any product sold to you or Services provided by British Bonsai or Ian Cuppleditch. As soon as the standard returns period has expired (see our Shipping and Returns section) no liability will rest with British Bonsai or Ian Cuppleditch for any defect found in any products sold to you by British Bonsai.

Save for any Goods or Services that are supplied as defective and notified to and returned to us within the standard returns period, you shall be liable for any costs or charges incured by British Bonsai or Ian Cuppleditch as a result of any charge backs levied or charge back claims by our payment handling services. This shall include but not be limited to the cost of the Goods or Services. delivery and return costs and any costs, fees and charges resulting from recovery of any debt relating to the charge back or time spent dealing with any charge back claim. Our fees are charged at £50.00 per hour or part thereof and shall be in addition to any costs incured by us for any agency, professional or legal fees.

Any notices sent to you by us under these terms and condtions shall be sent by email and confirmed in writing by recorded delivery and shall be deemed delivered three working days after the recorded dispatch date.

The invalidity or unenforceability of any provisions set out in these terms and conditions shall not affect the validity or enforceability of any other provision set out in these terms and conditions, which shall remain in full force and effect.

Our Shipping and Returns conditions forms part of these terms and conditons.

 

Any statutory Consumer rights are unaffected by these terms and conditions.