Terms and conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. 

Application

  • These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Little Eden Tropicals Ltd whose trading name is Little Eden Tropicals a company registered in England and Wales under number 12608217 whose registered office is at 49 Station Road,  Polegate,  BN26 6EA  with  email address contact@littleedentropicals.co.uk;    (the Supplier or us or we).
  • These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  

Interpretation

  • Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  • Contract means the legally-binding agreement between you and us for the supply of the Goods;
  • Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
  • Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  • Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
  • Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  • Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  • Website means our website littleedentropicals.co.uk on which the Goods are advertised.

Goods

  • The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
  • All Goods which appear on the Website are subject to availability.
  • We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

  • We retain and use all information strictly under the Privacy Policy.
  • We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

  • The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  • The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  • A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  • Any quotation is valid for a maximum period of  7  days  from its date, unless we expressly withdraw it at an earlier time.
  • No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  • We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

  • The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
  • Prices and charges include VAT at the rate applicable at the time of the Order.
  • You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
  • Prices may be subject to change without prior notice.

Delivery

  • We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay.
  • We do not offer nominated day delivery. All orders will be shipped as per the below terms and conditions.
  • We aim to despatch all orders within 2 working days. You will receive despatch confirmation via email. Once despatched, our orders will be posted Monday to Thursday. Orders placed after 8pm on Wednesday will be posted the following Monday. We don’t ship after Thursday, to avoid your products getting stuck in a postage facility over the weekend. We use DPD fully tracked guaranteed next day delivery service – which should arrive within 1 working day once the courier has collected the parcel. Little Eden Tropicals are not responsible for any delays due to courier issues beyond our control such as delays in collecting the parcel, or further delays beyond the specified number of days the courier has promised to deliver within – These are frustratingly annoying but are beyond our control.
  • Little Eden Tropicals are not responsible for late shipments OR damage due to omissions and external causes including weather conditions (extreme heat or cold, etc.), wrong address, delivery without signature, interruptions or any failure of performance whether from, theft, destruction or any other causes.
  • There may be possible delays in delivery due to Covid-19 and we cannot be responsible for them.
  • If you know you won’t be in when your order is due to be delivered, you will need to contact the courier to arrange leaving your parcel with a neighbour or in a safe place.
  • Under no circumstances are Little Eden Tropicals responsible for any theft, damage, or damage, caused by the weather, to your order if you decide to leave it with a neighbour or in a safe place. If the delivery is delayed due to you not being present to receive it, we are not responsible for damage, occurring to the products, due to the additional delivery time and in no circumstances we will offer any refund or return.  
  • We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
  • If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
  • The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.
  • During cold spells, we will add a layer of insulation to the plant and a heat pack to the packaging – we will add this at our discretion – therefore the costs of shipping will increase during these times to cover the extra costs. We will notify on our website when these times are and the cost of winter shipping. If we deem temperatures too cold to post plants, we have the right to delay shipping until it is warm enough to do so – If this occurs, under no circumstances can the order be cancelled and refunded.

Risk and Title

  • Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
    • You do not own the Goods until we have received payment in full.

Withdrawal and Refunds.

  • You can withdraw the Order by telling us before your order has been completed, however the transaction charge we incur will be deducted from your refund.
  • Complaints concerning part of the order supplied cannot be a cause for rejecting the entire order.
  • Claims for refunds must be submitted to us within 48 hours of receipt of your order via email to contact@littleedentropicals.co.uk and we will do our best to respond within 72 hours with an appropriate solution. Providing you have contacted us within 48 hours of receiving your plants with any concerns, we will guarantee your plant for 10 days, starting from the day you received your plant (Providing the plant(s) has not been removed from the original pot and substrate, and no other cutting or disturbance has occurred within 10 days of arrival).
  • Your claim must contain clear pictures of all the plants/products you are claiming for, as well as the box and all box labels. Pictures should include a close up of the plant/product, as well as a more panoramic or larger view of the plant/product showing the item in question.
  • Claims made after 48 hours of receipt of product will not be accepted under any circumstances.
  • We may ask you to return the plant/product at your cost in order to process your claim. 
  • In the rare exception that we agree a refund or return, we will refund you the amount you paid for that particular plant only, providing you ship the plant back to us in the same condition you received it and packaged in the same way (at your own cost).
  • We can not offer a refund if the plant arrives to us in worse condition than you received it or has suffered because of the return shipment – Especially during cold (less than 10 degrees Celsius) or hot (higher than 30 degrees Celsius) periods.
  • The return shipping must have tracking as lost shipments will be at the full expense of the buyer – we will not, under any circumstances, offer any refund or bare any of the costs of the shipment that has been lost when returned to us.
  • Unfortunately, posting plants/products is not risk free, so while we will do our up-most to package the plants as best as we can, there is no guarantee of care once it leaves us and makes it’s way to you. Boxes get thrown around and bumped etc. in transit so complaints relating to leaf and petiole damage will not be accepted.
  • In the event that part of your order is missing, notify us immediately by email,  detailing your name, order number, the products missing and your contact details. Little Eden Tropicals will then verify the packing of your box and respond within 72 hours. If there is a discrepancy, little Eden Tropicals will reimburse the customer the value of the missing items per the pricing on the order.  
  • Card payments are charged at the moment of placing the order. Approved cancellations/refunds will be credited back to the charge card after the complaint is settled. For cancellations however, we will deduct the transaction fees we have incurred.
  • Orders can not be cancelled once the order has been completed.
  • We reserve the right to refuse any order for any reason.

Circumstances beyond the control of either party

  •   In the event of any failure by a party because of something beyond its reasonable control:
    • the party will advise the other party as soon as reasonably practicable; and
    • the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.

Excluding liability

  •   The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or           personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

  •   The Contract (including any non-contractual matters) is governed by the law of England and    Wales.
  • Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  • We try to avoid any dispute, so we deal with complaints in the following way: If you are not satisfied with you plant/product please contact Little Eden Tropicals within 24 hours of receipt of plants/product. We will aim to respond within 72 hours of receiving your claim with an appropriate solution.

Care and Handling of products

  •  Little Eden Tropicals are not responsible for improper care and handling of the product after you  receive them. It is the customer’s responsibility to research the proper care and handling of the product they are purchasing.