We at Peake Perennials hope that good sense and good customer relations will avoid any serious issues, but we do have to set things down.
By purchasing goods from Peake Perennials you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this website.
Definitions and interpretations.
The following words have the following meanings:
Contract: the contract for the sale and purchase of the Goods.
Delivery Area: these include all mainland addresses within the United Kingdom excluding certain offshore addresses, for example the Scottish Isles and the Channel Islands, which may be subject to a supplementary delivery charge.
Goods: the range of plants which are available for purchase from our Website in accordance with the terms.
the Website: our presence on the world wide web, currently accessible at the address www.peakeperennials.co.uk
the Seller, we, or us: Peake Perennials Nursery, Shaftesbury Road, Child Okeford, Dorset DT11 8EQ (Mrs H Hunt being the sole proprietor)
the Customer, you: any person placing an order via the Peake Perennials Website
Basis of the sale
An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our Website. The description of the Goods, the inclusive price and delivery costs are set out during the order process. We will confirm acceptance of your order by e-mail on receipt of this order. We aim to provide clear descriptions of the appearance and growing requirements of the plants we sell where we can. Indications as to species and variety are, to the best of our knowledge, accurate. However, there are inevitably slight variations between different specimens of the same plant species. Illustrations, descriptions and other information as to these plants are approximate and for guidance only. Height of plants refers to the ultimate height, which may take 5 to 10 years to achieve, particularly in the case of shrubs. Our Goods are supplied as viable, established specimens. It is the responsibility of the customer to ensure that they choose the appropriate location and growing conditions for plants purchased. 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.
Details of the order
The quantity, quality and description of the Goods will be those set out in your order, if the order is accepted by us. Orders are accepted at our sole discretion but they are normally accepted if the following are satisfied:
- the Goods are available
- the order reflects current pricing
- you are based within the Delivery Area specified in these terms
- your payment method is authorised for the transaction
Price of the Goods
In the unlikely event that the price of the Goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will have the option of cancelling the order. Our delivery charges, which include packing, are detailed on our Website here and also on the checkout pages and they will be included in the total price for the Goods.
Once your order is accepted by us we will confirm this fact to you by email and issue you with an invoice. We will normally expect this invoice to be paid in full before the Goods are delivered, either by a 3rd party or personally by us. Payment at collection time is acceptable if collecting the order in person from the Nursery. Once payment is confirmed we will initiate the delivery process as specified and agreed in the confirmed order. We accept no liability if a delivery is delayed because you did not provide the correct payment details. If it is not possible to obtain full payment for the Goods from your account, we reserve the right to cancel the order or suspend any further deliveries to you. We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data supplied when ordering from this Website, unless this is solely due to our negligence. Full payment details can be found on our Website here.
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. If you do not provide details of a safe place in response to our request, we will instruct the courier to leave the Goods in a suitable location. 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 ensure delivery is made within the quoted time frame but delivery times cannot be guaranteed. Where delivery is made using a third party, e.g. courier, we cannot be held responsible for delays caused by them. If delivery is delayed due to any cause beyond our reasonable control, we will attempt to contact you to advise you. Please note that a signature may be required on delivery by a courier, though this is not usually the case.
Risk and ownership
Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery at an agreed time, the time when delivery was attempted. You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full.
Returns, Refunds and Replacements
If you receive Goods that appear to be in an unacceptable condition, you should contact us immediately with a photograph of these Goods so that there is no doubt as to their condition on arrival with you, as opposed to what they look like by the time you return them to us. Bear in mind that plants look different depending on what time of year it is and that we often have to cut them back prior to packing. However, provided that you have contacted us within 48 hours of receiving the unacceptable Goods, we will be happy to arrange for a refund or replacement once we have received the pictures and accepted that there is a problem. As the owner of the plant, you assume full responsibility for its continuing maintenance and health. Therefore, we will not be responsible for any loss or ill health of Goods beyond the initial period of 48 hours from receipt of a plant. The cost of returning any Goods to us is your responsibility, will not pay any return costs. Until we receive the goods you are returning, they are your responsibility. For your protection and peace of mind, we recommend you use a recorded delivery service to return items.
We aim to provide high quality plants to our customers. We will take every reasonable measure to ensure that the Goods will be delivered to you in good condition and will match what you ordered. If Goods are not in stock, or we do not have enough stock, then we will inform you by e-mail and may suggest a suitable alternative which is available. If you do not want the alternative suggested, you will be entitled to order another plant or remove that plant from your order, as you wish. The availability, price and varieties of plants we sell to you may vary depending on season. We will confirm these details when we confirm your order for the plants or prior to delivery. If there have been any material variations, you will have the option of cancelling your order.
If you have a valid claim in respect of any of our Goods which is based on a defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Goods within a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge. These terms and conditions do not affect your statutory rights as a consumer. The content of the Website is directed solely at those who access the site from addresses within the United Kingdom. We assume no responsibility for the contents of any other websites to which this Website has links.
We respect your privacy and we will not pass on any details supplied to us to any third party other than in connection with the delivery of your order. For your security we do not store any information regarding your payment details other than the payment method you chose whilst submitting your order.
We reserve the right to make changes to this Website and these terms at any time.
If you wish to complain about any aspect of our service, please contact us here