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Conditions of Use |
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Terms and Conditions
By purchasing goods from www.ClematisOnline.co.uk you enter a legally binding agreement with ClematisOnline on the following terms:
Article 1 -
1.1 The ClematisOnline website is offered to you conditioned on your acceptance without any modifications of the terms, conditions and notices contained therein. Accessing the ClematisOnline website constitutes your agreement to all such terms, conditions and notices. ClematisOnline reserves the right to change the terms, conditions and notices under which the ClematisOnline website is offered including but not limited to the charges associated with the use of the ClematisOnline website.
1.2 Any modification of the terms specified in these Terms of Use are only binding in the event that they have been put in writing.
1.5 The user of the ClematisOnline website will be referred to as Buyer.
1.6 ClematisOnline will be referred by name or as Seller, registered office Verhoevenstraat 77, 3818 PL, Amersfoort, the Netherlands. E-mail address: info@clematisonline.co.uk
Article 2 -
2.1 Any products that by their nature have a limited lifespan, such as plants and flowers, are excluded from the general returns policy.
Article 3 -
3.1 Discounts and/or offerings are not legally binding unless specified differently.
3.2 Information on the products for sale, the colour and height of the products on the website www.ClematisOnline.co.uk is approximate.
3.3 The Buyer places an order with ClematisOnline by ordering via our online website. The Buyer is given the opportunity to check the order and to correct any errors. The order of the Buyer represents an offer to ClematisOnline to purchase a product or products which is accepted by us at the moment we send an email to the Buyer conforming the placement of the order. The acceptance of your order by ClematisOnline takes place at the moment our acknowledgement email is sent.
3.4 Returns policy: there is a cooling off period of 7 days. During this cooling off period, the Buyer may return items, excluding those listed under article 2.1. of these Terms of Use and those products that have been used, for a full refund. The costs of returning goods shall be borne by buyer.
Article 4 -
4.1 All prizes are in British Pounds, including VAT.
4.2 While ClematisOnline endeavours to ensure that the information on this website is correct, illustrations and descriptions are approximate. Consequently, there may be variations in colour, shape or size.
Article 5 -
5.1 ClematisOnline aims for a delivery time of 10 days but cannot guarantee delivery in that amount of time. Later delivery does not confer rights to compensation, rights of cancellation or annulment. Only if later delivery is unreasonable for particular reasons for the Buyer does the Buyer have the right to annul or cancel the agreement.
5.2 ClematisOnline strives to include up-to-date information on the website of availability of the products but despite an indication of availability it may happen that particular items cannot be delivered.
5.3 Deliveries will be made to the address specified by the buyer.
5.4 During transport the risk of damages during transport are the courier services.
5.5 The buyer will inspect the delivery carefully within 24 hours, and in case of any complaint pertaining to the quality of the products or our service, lodge a complaint within these 24 hours. ClematisOonline will confirm having received the complaint by e-mail within 7 days.
5.6 If the Buyer does not inform ClematisOnline of any complaint pertaining to the quality of the products or our service within the 24 hours referred to in 5.5, the buyer is assumed to agree with the delivery and the buyer can no longer claim any rights of refund.
5.7 The buyer will follow instructions supplied by ClematisOnline in response to the lodged complaint.
ivery and the buyer cannot claim any rights of refund.
5.8 ClematisOnline does not accept any responsibility for items that fail to grow due to extreme weather conditions or improper care.
5.9 Maximum liability: ClematisOnline will in no case be liable for more than the actual amount paid for a particular product.
Article 6 -
6.1 ClematisOnline offers two payment methods: cash on delivery or advance payment within 15 days of placing your order. Other arrangements may be discussed but are only valid when in writing.
6.2 In the event the Buyer does not pay or does not pay on time an interest rate of 1,5% will be added to the payment outstanding from the date on which the payment should have been received.
6.3 Out-of-court costs of any nature incurred by ClematisOnline to receive payment from the Buyer will be charged to the Buyer.
Article 7 - (retention of title)
7.1 ClematisOnline retains the property rights to the sent items for as long as ClematisOnline has not received full payment, including any possible damages, out-of-court costs or legal or of court fees including interest.
7.2 ClematisOnline retains the right to recover the sent items in the event the Buyer petitions for bankruptcy, has been declared bankrupt, petitions for extension of time or is granted extension of time, petitions for a debt adjustment plan or if possessions or assets of the Buyer are wholly or partially seized.
7.3 The buyer has no right to dispose of the goods regarding the sent items for as long as ClematisOnline has not received full payment.
Article 8 -
8.1. In the event of circumstances outside the control of ClematisOnline, ClematisOnline cannot be held liable for failing to meet the duties arising from the agreement. The duties are suspended for as long as the circumstances last or the agreement may be repudiated by ClematisOnline. Suspension or repudiation do not grant rights of compensation unless it goes against natural justice.
8.2. Circumstances outside the control of ClematisOnline are any circumstances outside her control that prevent ClematisOnline to fulfil the duties, wholly or partially, arising from the agreement with the Buyer. Such circumstances include but are not limited to: fire, breakdowns of businesses, breakdowns of electricity, strikes, bouts of frost, heat waves, and or late or no deliveries by suppliers.
8.3. ClematisOnline cannot be held liable if for any reason this Website is unavailable at any time or for any period or if telecommunication networks are offline.
Article 9 -
9.1. The copyright and other intellectual property rights in all material on the ClematisOnline website, which includes photographs and graphical images
Article 10 -
10.1 These terms and conditions shall be governed by and construed in accordance with Dutch law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Dutch courts.
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