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Conditions of Use and Sale

 

Copyright 2017 British Bonsai. All Rights Reserved.

Reproduction in whole or part in any form or medium without express written permission of British Bonsai is strictly prohibited.

All goods sold on our Website are subject to availability.

All prices are subject to change without notice.

By viewing, using this website and or placing you order you are explicitly agreeing to be bound by the terms & conditions set out in this Agreement. If you subsequently place an order by email or over the telephone these terms & 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 & 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 7 days however certain items may take longer. We will inform you if any items on your order are out of stock & 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 meant 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 & leaves will not always be in situ & leaf & needle colour may change depending on the time of year & even shape & 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 & show the basic shape only. Proportions, trunk diameter, branch placement, foliage & 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 & viewing screen types.

We will happily provide additional photos of our outdoor trees over £50.00 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 is subject to copyright. Use of our images or text from our website 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 & 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 & 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 & 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.

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

We also take payments by 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 & we will deduct any charges from the refund incurred by ourselves & reserve the right to deduct 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.

 

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 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 & 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 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 this Agreement shall be sent by email and confirmed in writing by recorded delivery and shall be deemed delivered 3 working days after the recorded dispatch date.

 

Shipping of Orders

Please note: Due to current workload & our recent move of the nursery, we are only dispatching orders on Mondays / Tuesdays at present. Orders received before 2.00pm on a Sunday will be dispatched on the Monday / Tuesday. Orders received after this will be dispatched on the following Monday / Tuesday. However if your order is urgent then please email us directly and we will try our best to deal with it.

All the orders are packaged very securely & sent by courier or Royal Mail. Fully Insured where possible.

Receipt time should generally be within 3 working days from dispatch for goods to UK addresses, however this may be slightly longer depending on service used and can be up to 5 working days, & 5 to 7 working days for trees to European addresses extending to around 14 working days for dry goods.  If you have not received your goods within the time specified then you will need to contact us immediately. If you are sending the goods as a gift then you must inform the recipient that the goods will be delivered within 5 working days, once you receive the confirmation of dispatch from us. We shall not accept liability for losses or returns of goods resulting from the recipient not being available to take delivery of the goods.

Generally most goods will need to be signed for on receipt, therefore you will need to make sure that someone is available to sign for the goods. The couriers may attempt to deliver your order to a neighbour if no one is in to take delivery, so please check with your neighbours if a delivery seems to be late. If you do not want your order delivered to a neighbour then you must expressly tell us this during the check out process. We will try to inform by email when the goods have been dispatched & for UK mainland deliveries for trees you should receive them within 2 to 3 working days after the dispatch email. Please do not ask for particular or estimated times for deliveries as we cannot specify this and please do not ask to be called prior to delivery as the couriers or Royal Mail will not do this. Please note that during busy periods couriers may deliver fairly late in the evening therefore if you are having the item delivered to a work address then please specify this & we will put this on the parcel, however this will not always be complied with as this element is outside our control. If particularly requested to do so, we will give tracking details on items delivered by our couriers, but not during our busy periods. If any goods are returned to us because no one was available to sign for them then any re-delivery and/or return costs will need to be paid for by you prior to re-dispatch. If you wish to cancel your order rather than wait for a re-dispatch then we will deduct any bank and/or delivery & packaging charges and/or return charges incurred by ourselves from the refund & we reserve the right to deduct 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. This may include but not be limited to photographing trees at £5.00 per photograph & building shipping crates at £10.00 per crate. Please note, these charges and fees are for Services as defined by the The Consumer Contracts Regulations

The delivery times quoted above or in any correspondences or verbally are not guaranteed as this element is outside our control.

For dry goods we will not accept any liability for delayed delivery & will not accept delayed delivery as a reason for cancellation of an order and or the return of any goods to us unless the delayed delivery has resulted in damage to the goods and only then if the delay & any subsequent damage is not due to the inability of our couriers to obtain a signature when attempting to deliver the goods on the first delivery attempt otherwise the returns & refunds conditions noted below apply.

For trees we will not accept any liability for delayed delivery & will not accept delayed delivery as a reason for cancellation of an order or a refund or a part refund (unless you have paid an additional sum for a special delivery arranged with us and in which case only the additional sum will be refundable) and or the return of any goods to us unless the delayed delivery has resulted in damage to the tree(s) and only then if the delay & any subsequent damage is not due to the inability of our couriers to obtain a signature when attempting to deliver the tree(s) on the first delivery attempt otherwise the returns & refunds conditions noted below apply.

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Whilst we will try to put any special instructions that you request on the parcel regarding leaving with neighbours or in a semi secure place, we cannot guarantee that the courier will take notice of these & if they do, it may forfeit any insurance provision. We generally look to gain a signature for all tree orders & orders over the value of £50.00 and therefore will not usually insert any text regarding leaving in a semi secure palce for these. If you have specifically requested any special delivery instructions then you expressly accept that we shall not be liable for any loss or damage as a result of these special instructions and you expressly agree that no refund will be due to you as a result of any loss or damage regarding these instructions. We cannot specify delivery times during the day & whilst we will try to put a contact number on the parcel if you request this, generally couriers or Royal Mail will not call regarding delivery. Save for those special instructions noted above, please keep in mind that we use standard courier services & any other special instructions may not be possible.

On receipt of your goods, if you suspect that your shipment is damaged then please sign for as "unchecked". Whenever possible please photograph any damage so that we can use this relating to any insurance claim. We cannot accept any liability for damage if you have not signed for the parcel as "unchecked".

Ceramics are uninsurable in carriage and whilst we pack very well and will send a replacement or refund the costs for any pot sent on its own, we will look for you to cover our costs only for any replacement pot sent as part of a pot / tree combination.

We shall not be held liable for any costs or losses incured by you for incorrect addresses or post codes entered in to our system by you. For the UK, addresses & post codes must match those registered with Royal Mail. You shall be liable to all costs or losses incured by us as a result of incorrect addresses or post codes entered in to our system by you.

ALL DELIVERY PRICES SHOWN ARE FOR NORMAL WEEK DAYS.

Non UK Mainland, Highlands & Islands postal address may incure additional postal charges. If you are unsure or do live in the above areas as defined by Parcel Force then please make sure you select the correct Country designation when placing your order or email us with your address, prior to placing an order, so that we can check with our couriers & inform you of the additional charges, if any. If you have not paid the full amount then we will send you an electronic invoice for any outstanding amount at the rates shown on this website which we require to be paid within 48 hours of sending. If payment for any amount oustanding is not received then your order will be cancelled and payment refunded less 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. Please note, these charges and fees are for Services as defined by the The Consumer Contracts Regulations. If we have already dispatched you order & request payment by email then we will send you an electronic invoice for any outstanding amount at the rates shown on this website which we require to be paid within 48 hours of sending. If payment is not received then we will pass the matter on to a credit collection agency and their fees will be added to any outstanding amount owed to us.

Whilst collection / personal delivery is available on all our trees & accessories, by arrangement, anything over sized must be arranged this way.

We do deliver Bonsai & accessories to all EU countries.

We do deliver accessories to all non EU countries & Bonsai to some non EU countries, however additional shipping charges will apply & it will be your responsibility to check if whatever you are purchasing can be imported into your country & your responsibility to pay any additional customs charges related to that delivery. We hold no liability or responsibility for goods that cannot be delivered to you or are damaged due to customs hold ups & will not refund any payments relating to this. Please contact us if you have any questions.

With all the above noted, if you do have any special delivery requirements please do not hesitate to contact us with them & we will do our utmost to see that they are met, however please be aware that specific delivery requirements such as specifying particular delivery dates or specifying particular shipping methods may incur additional charges.

Returns & Refunds

If you are dissatisfied with any goods supplied by us, you must send us an email stating such within 24 hours of receipt of the goods. We will either exchange the item or send a full refund for your purchase, as long as the goods are returned to us in the same condition that you received them & within 14 days of receipt for dry goods or within 48 hours of receipt for trees. The Postage & Packaging cost for returned goods will be at your cost & the Postage & Packaging costs for replacement goods will be at our cost assuming that they are being sent to the same address and under the same shipping method as the initial order.

If you want to return an item that was ordered by mistake then please email us with your order reference within 7 days of receipt. We will gladly accept returned goods so long as they are returned in the same condition that they were sent. You will need to pay the full postage costs for returning the item & once we receive the goods, we will refund your payment for the goods only, but not the initial Postage & Packaging charges.

We will gladly refund any payment made in error or as a result of a cancelled order, assuming the goods have not been dispatched or booked in for dispatch.

We will deduct any bank or Postage & Packaging charges incurred by ourselves from the refund & reserve the right to deduct an administration fee of 15% of the order value with a minimum of £10.00 for any cancelled order or item plus any other costs which we have incured in processing your order. This may include but not be limited to photographing trees at £5.00 per photograph building shipping crates at £10.00 per crate plus material costs & follow up emails. Please note, these charges and fees are for Services as defined by the The Consumer Contracts Regulations.

Refunds will not be given for our photo service, once the photo has been sent.

In the very rare event that your order is lost in transit we will supply a replacement or a refund at our choice. Please note that an order will not be classed as lost until 14 days after the due delivery date. Any refunds will be processed 28 days after the due delivery date.

The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

Any statutory Consumer rights are unaffected by these conditions

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