By using our Ebay Shop and placing an order you confirm your agreement to our terms and conditions as set out below. If you do not agree to the terms and conditions you may not use this Ebay Store or place an order for goods. Please read these carefully. Conditions: An order for goods placed by you, the buyer through our Ebay Store shall be subject to these terms and conditions. Nothing in these terms and conditions shall affect the statutory rights of any consumer. Orders: Once an order is accepted a contract will be formed between you, the buyer and Michael's Garden Plants. All orders for goods shall be deemed to be an offer by you, the buyer, to purchase pursuant to these terms and conditions. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until Secure Trading have confirmed acceptance of the your order by e-mail whether or not you receive that e-mail. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form. We may contact you to provide further information to enable your order to be evaluated or processed. We are entitled to refuse any order, or any part of an order placed. Goods: The goods may differ slightly from the images shown. In the unlikely event that we are not able to ship the items requested, or we decide on reasonable grounds not to do so we will offer a full refund. Price: The price of the goods will be the price quoted on the Ebay Store at the date the order is received. Price and availability information is subject to change without notice. Payment: Our preferred method of payment is by Paypal. You may also pay by Credit or Debit Card using our Telephone Hotline on 01342 321175. Please note we do not accept American Express. Delivery: The goods will be delivered to you, the buyer, within 5 working days from the date we receive your order, but please allow 7 days in case we are exceptionally busy. The goods will be delivered to you, the buyer, at the address provided by you on the order form. Goods can be sent to an alternate delivery address than the invoice address. Return and Exchange of goods: The buyer will be refunded within 5 working days from the date we receive your return. If you are not satisfied with the goods or service you, the buyer have the right to cancel your order up to 14 working days from after receipt of your order. Postage and packing charges for the return of these goods will be payable by you, the buyer. If you receive goods which are damaged or incorrectly supplied you, the buyer should contact Imberhorne Lane Nursery in the first instance. You recognise plants are perishable and we have no control over the conditions in which you keep them, the ground in which they are planted, the manner in which they are planted or the way in which you tend your plants afterwards. The plants health is your sole responsibility. We will always attempt to supply the tallest possible plants within the size range quoted. Due to the nature of the plants sometimes + / - size tolerances can occur. We will always attempt to deliver on the day we quote but sometimes delays can occur with couriers. If you having a gardener plant these on your behalf, it is always best not to arrange this on the same day as your plants arriving as delays may occur. We cannot take any responsibility for the cost of hired labour if the the delivery does not turn up on the day quoted. DISCLAIMERS AND LIMITATION on Michaels Garden Plants. LIABILITY: All terms, conditions, warranties and representations (whether implied or made expressly) whether by Michael's Garden Plants its servants or agents or otherwise relating to the information and materials ( including but not limited to, implied warranties or representations, accuracy, availability, satisfactory quality, or fitness for a particular purpose ) contained in this site are excluded to the fullest extent permitted by law. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973. Intellectual Property: All copyright, trade marks and other intellectual property rights in this website and any service marks, trade names and brands included in that material belongs to Michael's Garden Plants or its subsidiaries or affiliated companies and or third-party licensors. You may make one download or take one copy of the content and other down-loadable items displayed on the Ebay Store subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Ebay Store for other than personal use is expressly prohibited. Michael' Garden Plants: We will attempt to ensure that the information available on the Ebay Store at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. All drawings, photographs, descriptive matter and specifications of the goods on the Ebay Store are for the sole purpose of giving an approximate description of the goods. We may also change, suspend or discontinue any aspect of the Ebay Store, including the availability of any features, information, database or content. General; We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the Ebay Store. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected. Scottish law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the Scottish courts. The headings in this Agreement are for convenience only and will not affect their interpretation. Queries and Further Information: If you require further information on payments please e-mail
gardenexpert@btinternet.com or Telephone 01342 321175
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