The Terms & Conditions detailed below apply to the use of the Bakker Spalding Garden Company website and the sale of all goods supplied and delivered in the UK by Bakker Spalding Garden Company. By ordering online or offline from Bakker Spalding Garden Company you accept the terms and conditions contained here at the date of sale. You should read and print a copy and ensure you understand all terms.
You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.
These terms of sale apply to all goods supplied by Plantiflor Ltd, trading as: Bakker Spalding Garden Company, Company Registration 2366169, VAT registration number GB 927 2127 32, with customer service facilities located at Four Seasons House, Enterprise Way, Pinchbeck, Spalding, PE11 3YR.
When you order we require a limited number of personal details from you. These include your name, telephone number, email address, delivery/invoice address and payment details. These details allow us to fulfil your order and contact you if there is a problem with delivery.
We will send you emails relating to your order, including order confirmation and emails concerning the registration procedure.
We will not sell or rent your email address and telephone number without your explicit permission. You also have the right to register with the Mailing Preference Service to prevent your personal data being processed.
We use your email and postal address details to keep you informed about handy gardening and pruning tips as well as interesting offers currently available and contacting prize draw winners. If you do not wish to hear about our future offers and information about exciting new products, please write to us. You can also unsubscribe via future emails themselves and your online accounts page.
We also like to keep you informed of relevant offers from other third party companies, where you have given consent to such. If you decide in the future that do not want to receive such information, please write to Bakker Spalding Garden Company, PO Box 113, Spalding, Lincolnshire, PE11 9WL.
PRICES Prices quoted are in British pounds (£) and are accurate at the time published but may be subject to change.
The placing of an order by a customer shall constitute an offer to the company to purchase goods at the current price advertised by the company.
All prices are exclusive of postage and packing and inclusive of vat at the current rate where appropriate. In the event that vat rates increase during the currency of a catalogue or price list, the company reserves the right to pass on any such additional amounts to the customer.
We guarantee that there will be no increase to the prices of our online shop or catalogue products on orders received up to 31st Mai 2016.
Products are subject to availability and may be withdrawn at any time, including after your order is placed. If your order cannot be fulfilled we will let you know at the earliest convenient opportunity.
If, in error, a product(s) has been priced inaccurately, either at unit level or through the activation of a promotion, we will not be liable to supply that item(s) to you at the inaccurate price. In such circumstances, we will notify you of the correct price and ask you to confirm or decline your order for the item(s) in question.
We reserve the right to refuse any order at our discretion.
BASIS OF THE SALE Contracts of sale will be made with Plantiflor Limited, whose registered office is Four Seasons House, Enterprise Way, Pinchbeck, Spalding, PE11 3YR , Company Registration Number 2366169.
The description of the goods, the quantity, the quality, the price, VAT, insurance and delivery costs are set out in the order page. We will confirm receipt of your order.
Acceptance of your order and the completion of the contract between you and us will take place on despatch to you, of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it.
If we plan to despatch your order within 21 days of receipt, it will normally only be acknowledged by email.
When you place an order to purchase goods from us it constitutes an offer from you. We accept these offers when we send you order confirmations by post or email, or, advice notes confirming that we have despatched some or all of goods you have ordered. That acceptance will be deemed to be complete and communicated to you at the time we send such confirmation emails, letters, or, shipments. Acknowledgement of an internet order does not constitute acceptance.
Our carriers are unable to offer a specific delivery day however, we can put a note on your parcel asking the carriers to leave in a safe place or try a neighbour. We can also arrange for your parcel to be delivered to an alternative address.
The company shall use its best endeavours to ensure that a customer’s order is despatched at the time requested by that customer. Where the company is unable to despatch an order at the time requested by a customer, that order shall be despatched as close to the time requested as is reasonably possible, whether this is earlier or later than the time requested.
AVAILABILITY We aim to give you a clear idea of the nature of the plants we sell. However, there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions and other information as to particular plants are approximate and for guidance only. It is rare for the plants we despatch to be in flower - the images are purely for illustrative purposes only. We may in our sole discretion from time to time vary the nature of the goods from that advertised without notice to you, so long as these variations are not material alterations.
The company shall endeavour to supply all goods ordered. Products and services are subject to availability and may be withdrawn at any time, including after you have placed your order. If your order or part of your order cannot be fulfilled we will let you know.
When an item becomes unavailable we may supply a substitute item of equal or better quality. If you do not wish to keep the substitute item, please telephone our customer services department within 8 working days from receipt of goods, we will then arrange for a credit, or refund, at our discretion. If we require the product to be returned to us, our customer services department will arrange for collection at no cost to you. This does not affect your statutory rights.
The specification of hardware, chemicals, gifts and prizes are subject to change, modification and/or improvement. In the event that the specification of an item is changed the company will endeavour to ensure that the alternative is of superior value and quality.
You may at any time before the day on which the order is packed, amend or cancel the order, including changes to the preferred despatch or collection dates. Just contact our customer services and we will be pleased to do this without further charges. However, this is only possible if we receive your new instructions before your parcel has been packed. Our customer service department will be able to tell you if this is the case.
If you have changed your mind and no longer require the product(s), please telephone our customer services department on 0344 481 1001 within 8 working days from receipt of goods, quoting your customer account number. Please do not return an order without contacting us first. It is the customer's responsibility to bare the cost of return postage and packing. We will not pay the costs of returning an unwanted item to us. This does not affect your statutory rights.
Should your order arrive damaged, faulty or incorrect, please telephone our customer services department on 0344 481 1001 within 8 working days from receipt of goods, who will then arrange for a credit, refund or replacement. If we require the product to be returned to us, customer services will arrange for collection at no cost to you. This does not affect your statutory rights.
DELIVERY Customers may collect their orders from the company’s premises at Four Seasons House, Enterprise Way, Pinchbeck, Spalding, Lincolnshire. All collection of goods by customers from the company’s premises shall take place by prior arrangement with the company.
Orders collected incur no handling charge. If you require delivery by carrier a nominal charge of £5.29 is made to cover mail order packing and postage.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions.
We will aim to deliver within the requested / quoted time frame but delivery times are not guaranteed. Delivery is only available in the UK and N. Ireland. Delivery is not possible to PO Boxes or the Channel Islands.
Goods should be planted as soon as possible from receipt of delivery. Please ensure that you open the packaging immediately upon receipt, and carefully read through the instruction leaflet provided. We recommend that you prepare your soil, planting beds or patio containers ahead of time so you are ready to plant, or pot on, just as soon as your order arrives.
GUARANTEE Where any horticultural product supplied by the company fails to grow true to variety for any reason other than failure by the customer to follow the planting instructions/ plant the product in suitable conditions and/or neglect of the product by the customer once planted and/or severe or abnormal climatic conditions, the company will provide the customer with a full credit or refund or, if the company wishes and the customer consents, replace the item. The obligations of the company under this sub-clause shall only arise if the customer advises the company of the failure to grow:
A) Within 1 year of receipt of seeds, indoor bulbs and houseplants; B) By the end of the first year’s normal flowering period for all bulbous outdoor goods, non-hardy and annual plants, and non-hardy shrubs; C) Within 5 years for hardy shrubs, roses, trees and perennials.
Where there is a failure of, or a customer is not satisfied with, only a proportion of any item sold, the company's liability to provide a credit or refund or to replace the item under these terms and conditions is limited to the proportion of that item which failed or was not satisfactory to the customer.
A) The company shall not in any circumstances be liable to supply replacement goods unless the goods in question are featured in current catalogues and price lists and stocks are available. B) All hardware goods are guaranteed for a period of 6 months from receipt of the item unless otherwise stated.
Please note, according to resolution 524/2013, the EU commission has opened the EU Online Dispute Resolution Platform (DRP). The goal of this website is to resolve disputes that occur between online transactions between consumers and suppliers. This platform can be found here: http://ec.europa.eu/consumers/odr/
PAYMENT Where the company is liable to repay any amount to a customer under these terms and conditions, that repayment shall take the form of a credit note for all sums less than £10 and a repayment by cheque for all other sums.
Where a customer does not enclose proper payment with his order (whether because a cheque or credit card mandate is refused by the issuing bank or for any other reason), the company shall be entitled to make a charge for the administrative costs in requesting payment. We maintain the right to cancel the contract or suspend any further deliveries to you. This does not affect any other rights we may have.
We will safeguard your personal information in line with the data protection legislation. Your order and payment details are sent by an advanced electronic high security method (ssl-technology). Using this method guarantees others cannot view your details. The padlock at the bottom of your screen during check out indicates this security process. We cannot however be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this web site, unless this is solely due to our negligence.
We accept payment for goods in a number of ways:
Cheques Include with your order, a completed and signed cheque made payable to Bakker Spalding. Cheques will be banked upon receipt.
Credit cards We accept visa, Mastercard and Debit cards. Please enter your card number, expiry date and the 3 digit security number, on the reverse of your Credit/Debit card, and signature on your order form. Your card will not be charged until the day of dispatch.
Where the company is liable to repay any amount to a customer under these terms and conditions, that repayment shall take the form of a cheque, unless agreed otherwise with the customer. Where a customer does not enclose proper payment with his order (whether because a cheque or credit card mandate is refused by the issuing bank or for any other reason), the company shall be entitled to make a charge for the administrative costs in requesting payment (£0.70 per letter). We maintain the right to cancel the contract or suspend any further deliveries to you. This does not affect any other rights we may have.
RISK AND OWNERSHIP Risk of damage to, or loss of the goods, passes to you at the time of delivery to you (or the agreed delivery address), or, if you fail to take delivery at the agreed time, when we tried to deliver.
We will not be liable for any loss or damage to goods once they have been delivered in accordance with your delivery instructions.
You will own the goods once they have been successfully shipped and when we have received cleared payment in full.
We will not be liable for any loss caused to you by late delivery of plants or other products, subject to our terms as laid out in our guarantee.
LIABILITY The company’s liability for any and all purposes including loss consequential to a breach of these terms and conditions or if any item supplied is in any way unsatisfactory shall be limited to a maximum of: A) The value paid by the customer to the company; plus B) The value paid by the customer to the carrier; plus C) The cost of returning any unsatisfactory goods to the company; plus Where an item fails to grow, flower or fruit to the customer’s satisfaction or at all, the company shall not be liable for any loss arising from such failure except as set out expressly in these terms and conditions. The company shall not be liable to replace any goods or refund or credit any sums paid by the customer except in accordance with these terms and conditions. Changes to goods may be made at any time. We will use reasonable commercial endeavours to keep the web site up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the web site are generally accurate but variations in colour, shape and size must be expected. The content of the web site is directed solely at those who access the site from addresses within the delivery area. We assume no responsibility for the contents of any other web sites to which this web site has links. If advice or information available on the web site is considered to require clarification or amplification we recommend you to request further clarification from our customer service department. The company is not liable for any loss, damage or injury sustained that might have arisen as a result of following this help, advice or information.
COPYRIGHT The information and advice found in this web site is provided solely for your personal use and must be viewed responsibly as no more than accumulated gardening best practice.
All of the written, photographic and design content of the web site along with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.
No part of this web site may be reproduced, mechanically, electronically, including photocopying, or by any means whatsoever without prior written permission of the company or that of the copyright holder.
All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.
You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.
You acknowledge that by posting materials on the company site you grant to us and our licensors and assigns an irrevocable, perpetual, royalty free, worldwide license to use the materials both within the company site and in any other manner. The license extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
GENERAL These terms and your use of this site are governed by and construed in accordance with the laws of Great Britain and any disputes will be decided only by the relevant courts.
If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the other rights, or the same type of right on a later occasion.
To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction. We will not be liable to you or in breach of the contract for delay or failure to perform due to a cause beyond our reasonable control, or our suppliers, including but not limited to acts of god, civil commotion, industrial dispute, riots, flood and legislation.
If you are a business user, you agree to indemnify us, and/or any of our affiliates and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the company site.