waterlily.co.uk is owned and operated by Bennetts Water Lily Farm t/a Bennetts Water Gardens also referred to as "we" or "us" in these Terms.
"Force Majeure" means any cause affecting the performance by waterlily.co.uk of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
"Working days" means Monday to Friday, excluding Bank or other Public holidays.
All contracts of sale made by waterlily.co.uk shall be deemed to incorporate these Terms, which shall prevail over any other terms from the party ("the Customer") with whom waterlily.co.uk is dealing. Cancellation of orders by customers will be accepted in accordance with the customer Protection (Distance Selling) Regulations 2000. Nothing in these Terms is intended to impinge upon a customer's statutory or contractual rights to reject faulty goods.
All orders are subject to acceptance and to availability of the goods ordered: waterlily.co.uk is entitled to refuse any order placed by you.
You undertake that:
a) all details you provide to us for the purpose of purchasing goods offered on our web site are correct, and b) the credit or debit card you use
to make a purchase from us is your own card or your company's card, that you
are authorised to use it, and that there are sufficient funds or credit facilities
to cover the cost of any goods you order from us. We reserve the
right to obtain validation of your credit or debit card details before providing
you with any goods.
waterlily.co.uk shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. The customer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
customers should notify shortages or damage within 48 hours of delivery.
Delivery is deemed to take place when the goods are delivered to the customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
Title in the goods does not pass to the customer until payment is received in full by waterlily.co.uk.
If the Customer cannot accept delivery, waterlily.co.uk may at its option:
a) store and insure the goods at the Customer's expense and risk or b) re-arrange
delivery provided that waterlily.co.uk may charge the Customer for the additional
delivery costs incurred.
The Customer may request a Proof of Delivery, provided that this request
is made in writing within 1 month of the date of delivery and waterlily.co.uk
shall use reasonable endeavours to provide such proof. Thereafter, delivery
shall be deemed to have been successfully completed.
Upon delivery of the goods, the Customer may be asked to sign a Proof of
Delivery to acknowledge safe receipt. It is the responsibility of the Customer
to ensure that the number of packages delivered corresponds with the number
stated on the delivery note. Where a discrepancy occurs or where there is evident
damage to the packaging, this should be noted on the Proof of Delivery. waterlily.co.uk
shall not be liable for discrepancies or damage evident on delivery where the
Customer accepts delivery and signs the Proof of Delivery without amendment.
waterlily.co.uk makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
waterlily.co.uk has to adhere to the manufacturer's guidelines stipulating
that a given defect(s) that are deemed acceptable before an item is accepted
for replacement on grounds of fault.
waterlily.co.uk is committed to providing our customers with the highest
quality products and service. However, on rare occasions, products may
be found to be faulty or defective. In such cases we offer the returns
facilities described below.
Unless otherwise stated in the manufacturer's documentation, all goods
delivered to a UK mainland address carry a specified manufacturer's warranty.
Subject to the right of customers to return goods for refund under The
customer Protection (Distance Selling) Regulations 2000 (see Clause 11),
waterlily.co.uk does not sell products on a trial basis. Customers are
strongly advised to check suitability and specifications of products before
ordering. Such goods are
not returnable to the manufacturer and may not be sold to other customers.
Accordingly, orders for such goods can not be cancelled and waterlily.co.uk
can only return or repair Goods where they prove to be defective and the
Goods are returned for repair or replacement.
In the event that waterlily.co.uk, at its discretion (unless the customer
Protection (Distance Selling) Regulations 2000 apply, see Clause 11), agrees
to accept the return for credit of unwanted products, the goods must be
returned with waterlily.co.uk's prior written agreement within 14 days
of delivery.
If for any reason products are delivered in an unsatisfactory condition,
call us within 48 hours of delivery, and we will do our best to
help resolve the problem.
We cannot guarantee plants beyond delivery as we have no control
over planting methods and other conditions.
For all non-plant products; goods must be unopened, with the manufacturers
seals intact and in perfect re-saleable condition All goods returned
in these circumstances (except where the customer Protection (Distance
Selling) Regulations 2000 apply) will be subject to a 25% re-stocking
fee of waterlily.co.uk's sale price for the goods. Please ensure that
the product(s) you have purchased are to your specification prior to
breaking the manufacturers seals. This will avoid disappointment and
the product(s) being rejected, should you wish to return them.
No contract shall be cancelled once accepted by waterlily.co.uk nor shall
any Goods which are delivered in accordance with the contract be returned
without prior written approval of waterlily.co.uk and on terms to be determined
at the absolute discretion of waterlily.co.uk.
waterlily.co.uk's Customer Support staff will advise you of which
method of delivery to use to return the products. Depending on the
nature of the product purchased, we will either arrange a courier
collection, or request that you return the product directly to us.
If the goods are found on inspection to be defective, the cost of
returning the item will be refunded to you. Authorised product returns
must be sent to: Mail Order Returns, Bennetts Water Gardens, Putton
Lane, Chickerell, Weymouth, Dorset DT3 4AF.
So that we are able to
administratively process your return, the Order Number
found on your Invoice or Delivery Note must be clearly shown on each
parcel returned, and must be in the original manufacturer's packaging
(which shall not be defaced) complete with accessories, manuals and
documentation. Hardware must be returned unopened with the seals
in tact. Except in the case of faulty Goods, returned items not complying
with these requirements will be rejected.
waterlily.co.uk cannot accept liability for packages damaged during
transit. It is the Customer's responsibility to wrap the product
adequately to prevent damage.
Proof of postage is not proof of delivery and you are therefore
strongly advised to send your package by recorded delivery, registered
post or courier, and to insure the goods for their full value.
On receipt of the returned product, if following the testing process,
the product is found to be in good working order without defect,
we will return the product to you, and the carriage costs of this
return will be your responsibility.
Unless otherwise stated in the manufacturer's documentation, all
goods delivered to a UK mainland address carry a specified manufacturer's
warranty. Customers who wish to make a warranty claim must comply
with the manufacturer's instructions and warranty procedure. In order
to resolve your problem as quickly as possible, we will refer you
to the product manufacturer who will deal directly with the return.
In these instances, we will provide you with the contact information
for the relevant manufacturer. This does not affect your statutory rights.
This warranty shall not apply if the goods have been worked upon,
altered or damaged in any way by the Customer or its employees or
agents, or to goods not used in accordance with the manufacturer's
instructions.
No products on which seals have been broken can be returned for
credit. If any products are faulty, the manufacturer will replace
them. This does not affect your statutory rights.
waterlily.co.uk shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of waterlily.co.uk's obligations in respect of the Goods, if the delay or failure was due to any cause beyond waterlily.co.uk's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond waterlily.co.uk's reasonable control:
act of God, explosion, flood, tempest, fire or accident;
war, threat of war, sabotage, insurrection, civil disturbance or requisition;
acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
import or export regulations or embargoes;
strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of waterlily.co.uk or of a third party);
difficulty in obtaining materials, labour or machinery; and
power failure or breakdown in machinery.
If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.
The customer Protection (Distance Selling) Regulations 2000
Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the waterlily.co.uk website, or by mail order, are, with the exception of certain excepted contracts, subject to The customer Protection (Distance Selling) Regulations 2000 ('the Regulations').
If the Regulations apply, Customers may cancel goods purchased from waterlily.co.uk
by sending a written notice of cancellation by post or hand delivery addressed
to Mail Order Dept., Bennetts Water Gardens, Putton Lane, Chickerell,
Weymouth, Dorset DT3 4AF or by e-mail to
orders@waterlily.co.uk
The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to waterlily.co.uk, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
The Customer is under a duty to retain possession of the goods whilst awaiting return to waterlily.co.uk and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
This statutory right applies to all of our products but regret that
we cannot accept cancellations of contracts for the purchase of products where
the product box has been opened.
waterlily.co.uk makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, waterlily.co.uk will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. waterlily.co.uk's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by waterlily.co.uk after the manifest error has been discovered.
A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by waterlily.co.uk which is more than 10% less than the price that would have been quoted had the mistake not been made.
Data Protection
Please note: waterlily.co.uk has a full and detailed privacy statement available
by clicking here
Website Security
Bennett's Water Gardens website employs the SSL (Secure Socket Layer) encryption
standard in all secure areas, including login pages, customer information
and payment details. Provided the customer is using an SSL-compliant
browser such as Microsoft's Internet Explorer or Firefox, the customer
is able to conduct encrypted transactions without fear of an intermediary
obtaining the customers credit card information.
Data Protection & Data Security
Data is maintained under the provisions of the Data Protection Act (1998). We
may contact the customer from time to time to verify and update the data waterlily.co.uk
holds on the records of the customer.
Information Automatically Logged
waterlily.co.uk uses your IP (Internet Protocol) address to help diagnose
problems with waterlily.co.uk’s server and to administer waterlily.co.uk’s website. The customer’s
IP address is also used to help gather broad demographic information. A cookie
is used to identify the customer.
Registration and data sharing
waterlily.co.uk’s site registration and order form requires users to give waterlily.co.uk contact information (such as name, email, and postal address), unique identifiers (such as username and password), demographic information (such as postcode), and financial information (such as account or credit card numbers).This data is stored for use in all waterlily.co.uk’s
marketing communications and analysis.
We do not share customer’s information with any 3rd parties.
Nothing in these Terms affects your statutory rights as a customer.
If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by a duly authorised waterlily.co.uk official.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
Assignment You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
Customer Service queries
waterlily.co.uk shall make every reasonable effort to resolve or acknowledge
by post, telephone or email any queries which the customer has made within
5 working days of receipt of any such query.
waterlily.co.uk shall make every reasonable endeavour to respond to complaints
within 5 working days and keep the customer reasonably notified of any progress
thereafter.
Third Party (Rights) Act 1999
No third party shall be allowed to enforce any rights under this contract.
The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
No Waiver
waterlily.co.uk's failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the customer in performance or compliance with any of these Conditions.
Notice
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
Notice shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
Enforceability
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
Dispute
In the event of a dispute between the customer and waterlily.co.uk, should waterlily.co.uk in writing require, the customer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.
Jurisdiction
The contract shall be governed by the laws of England & Wales and
the customer agrees to submit to the non-exclusive jurisdiction of the
English courts.
Images
Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed on our website, especially with generic products.
National Plant Collection®
