Terms and Conditions
1. Online Shop
2. Use of the Online Shop
3. Ordering process
5. Payment, charges, transaction fees and taxes.
6. Delivery and delivery charges
7. Intellectual Property Rights
8. Intellectual Property Rights
10. Force majeure
11. Governing law and dispute
These Terms and Conditions apply to your use of the FirstChoicePlantNursery Online Shop, which can be found at https://firstchoiceplantnursery.com (Online Shop). These Terms and Conditions should be read in conjunction with our:
- terms and conditions of use for the Lonely Planet website, which can be found at https://firstchoiceplantnursery.com/terms-and-conditions (Website Terms); and
(collectively, the Terms)
In the event of any inconsistency between these Terms and Conditions and the provisions contained in the Website Terms, the provisions in these Terms and Conditions prevail. “Us”, “we”, “our” or “FirstChoicePlantNursery” when mentioned within these Terms and Conditions will refer to firstname.lastname@example.org
1 – Online shop
elling and deliveries within European union countries EU – ECC only.
The Online Shop is an internet service that allows you to browse and purchase a selection of our products, including bound guides (guides) and physical products (physical products). If you have any problems using, or any questions about, the Online Shop, then please contact us and we’ll do our best to help.
2 – Use of the Online shop
You must be eighteen years old or older to use the Online Shop. While we use all reasonable endeavours to make sure that the Online Shop is available 24 hours a day, 365 days of the year, we cannot guarantee that your access will be uninterrupted or error free. Access may be unavailable temporarily without notice in the event of a system failure, maintenance or any reason beyond our control.
During the order process, you may choose a username and password. You are responsible for your account and all actions taken under that username and password. You must only purchase from the Online Shop under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it immediately. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to contact us as soon as possible
We have the right to end our agreement with you for your use of the Online Shop if you breach these Terms or if we suspect you have breached these terms or are engaged, or are about to be engaged or have been involved in fraudulent or illegal activity in connection with the Online Shop or on the site.
3 – Ordering process
When placing an order, you agree that any all information you give us is accurate and complete.
All orders are subject to acceptance and product availability. All prices listed on the Online Shop are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. The total price of your order, including any sales taxes, will be displayed prior to your purchase confirmation.
No contract for the sale of any product will exist between you and us until we accept your order by emailing the confirmation invoice to the email address given in your order and will detail products ordered, payment method, cost (including P&P) and the shipping method.
You must check all the details on this confirmation invoice are correct and contact us as soon as possible if any details are incorrect.
If your order cannot be processed, you will receive an email from us telling you the reasons why and our proposed solution. If you’re not happy with the proposed solution, you may decide to cancel your purchase and obtain a full refund.
Discount vouchers, codes and offers cannot be used on sale/ already discounted products unless otherwise stated.
4 – Prices
Prices are set in currency EURO and FirstChoicePlantNursery reserves the right to change the price for articles at any time. Price changes will not affect any outstanding orders.
The price does not include phytosanitary certificates
5 – Payment, charges, transaction fees and taxes.
You may purchase products from the Online Shop by our third part “Paypal” either with paypal account or by credit cards. All purchases will be charged to your nominated card or account upon submission of your order. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non- delivery.
FirstChoicePlantNursery has the right to charge the Customer for the Service in advance.
We are sorry that we cannot accept personal cheques, cashier’s cheques, money orders or direct deposits.
6 – Delivery and delivery charges
Selling and deliveries within European union countries EU – ECC only.
Customer outside these countries, please contact us first.
We send your purchased products to you by postal service. Most purchased products will be sent by standard post.
We can deliver to all EUcountries that are listed in the drop-down menu at the top right of the Online Shop homepage. If your country isn’t there, we’re sorry that we can’t deliver to you at the moment.
Except as set out below, shipping charges will apply for delivery of physical products purchased from the Online Shop. These shipping charges will be notified to you at the time of your purchase. Shipping charges are based on weight and distance and vary slightly from each customers location. By making a purchase, you agree that you accept the shipping charges that have been notified to you.
Order above £150 in any one transaction on products from our Online Shop, we will ship the products purchased in that transaction for free*.
*This does not apply to products to be delivered outside EU-countries.
1. Delivery times
We will deliver your order after finalized payment. Handling and packing will be fulfilled within 12-15 days.
2. Phytosanitary certificate
Phytosanitary certificates cannot be offered
3. Responsibilities for deliveries outside EU (EEC)
We don’t take responsibility for any plants for sending outside EUROPEAN UNION – EU – ECC. All agreement and sending to other countries due to buyers risks if lost in customs or in other circumstances.
4. Defective or Damaged Products
If your purchase is in any way defective, damaged or not as described in the product’s description page of the Online Shop, claims should be made within three (3) days, and we will arrange for a replacement product or refund where necessary. For partial returns, refund amounts will be calculated against any discounts claimed at the time of ordering (e.g. 3 for 2, % off, free postage offers etc).
6. Return to sender parcels
*Online Shop FirstChoicePlantNursery accepts no returns on living plant material.
If your products are returned to us by the postal service because you haven’t taken delivery, provide an incorrect delivery address and the order is returned to us, or you fail to take delivery we will not refund you payment for your order.
If the product has been returned to us as a result of our error, we will re-send the product to you by standard post for no extra charge.
We can also refund the value of the placed order if items are in a resalable condition.
If the order is not returned to us, you will not be eligible for a refund or re-delivery. FirstChoicePlantNursery accepts no responsibility for deliveries made to incorrect or incomplete addresses provided by customers. In this case, you will need to place a new order with the correct details.
7 – Intellectual Property Rights
All intellectual property rights, including copyright, in the content of the FirstChoicePlantNursery’s web pages , logos, pictures and etc displayed on the site are owned by FirstChoicePlantNursery business. In accessing FirstChoicePlantNursery’s web pages, you agree that you may only download only free adviced download material and use the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Lonely Planet web pages, pictures or texts for any other purpose whatsoever without the prior written permission of FirstChoicePlantNursery. Except as set out above, these Terms do not grant, and nothing in these Terms should be construed as granting any licences or rights to use any of our intellectual property rights.
8 – Disclaimer and limitation of liability
We use reasonable care and skill to ensure the accuracy of the information we provide through the Online Shop and in all products purchased through the Online Shop. However, we do not accept liability (except as set out below) for any errors/ omissions in our Shop and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
EXCEPT AS PROVIDED BY LAW, WE CANNOT GUARANTEE THAT THE ONLINE SHOP OR PRODUCTS PURCHASED THROUGH THE ONLINE SHOP WILL BE 100% ACCURATE OR UP TO DATE. THE INFORMATION IN THE ONLINE SHOP OR PRODUCTS PURCHASED THROUGH THE ONLINE SHOP IS GENERAL AND MAY NOT BE SUITABLE FOR YOUR PARTICULAR NEEDS. YOU SHOULD VERIFY CRITICAL INFORMATION (SUCH AS ADVICE ABOUT VISAS, HEALTH AND SAFETY) INDEPENDENTLY BEFORE YOU TRAVEL. YOU ACKNOWLEDGE THAT YOU USE THE ONLINE SHOP AND ALL PRODUCTS PURCHASED THROUGH THE ONLINE SHOP AT YOUR OWN RISK. EXCEPT AS PROVIDED BY LAW, THE ONLINE SHOP AND ALL PRODUCTS PURCHASED THROUGH THE ONLINE SHOP ARE PROVIDED ‘AS IS’ AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED REPRESENTATIONS AND WARRANTIES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, THOSE IN RELATION TO MARCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WHICH, BUT FOR THE TERMS, MIGHT APPLY IN RELATION TO YOUR USE OF THE ONLINE SHOP OR OF PRODUCTS PURCHASED THROUGH THE ONLINE SHOP.
WE ARE NOT RESPONSIBLE FOR:
- LOSS THAT WAS NOT REASONABLY FORESEEABLE;
- LOSS THAT WAS NOT CAUSED BY OUR BREACH OF CONTRACT OR BY OUR NEGLIGENCE;
- INDIRECT OR SECONDARY LOSS THAT ARISES FROM ANY BREACH BY US;
- LOSSES THAT RELATE TO A BUSINESS, SUCH AS LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION, THAT YOU OR A THIRD PERSON IS ENGAGED IN;
- LOSSES CAUSED BY ANY INNACURACY IN THE INFORMATION YOU PROVIDE TO US, SUCH AS DELIVERY OR PAYMENT INFORMATION; OR
- ANY INCREASE IN LOSS THAT WAS CAUSED BY YOUR BREACH OF CONTRACT OR YOUR NEGLIGENCE.
YOU MUST TAKE ALL REASONABLE STEPS TO MINIMIZE THE EXTENT OF ANY LOSS YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE ONLINE SHOP OR ANY PRODUCTS PURCHASED THROUGH THE ONLINE SHOP.
WE SHALL HAVE NO LIABILITY TO YOU FOR ANY DELAY IN THE DELIVERY OF PRODUCTS ORDERED OR ANY OTHER MATTERS TO THE EXTENT THAT THE DELAY IS DUE TO ANY EVENT OUTSIDE OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, FLOOD, FIRE, LABOUR DISPUTES, STRIKES, LOCK-OUTS, RIOTS, CIVIL COMMOTION, MALICIOUS DAMAGE, EXPLOSION, GOVERNMENTAL ACTIONS AND ANY OTHER SIMILAR EVENTS.
OUR MAXIMUM LIABILITY TO YOU IN RELATION TO YOUR USE OF THE ONLINE SHOP IS THE AMOUNT PAID BY YOU FOR THE ITEM THAT IS THE SUBJECT OF THE CLAIM.
9 – Privacy
When purchasing from the Online Shop, you will need to supply us with your ‘personal information’, such as your name, email and delivery address in order to purchase products, or you may choose to subscribe to receive our newsletter.
If you are purchasing products, we collect and use your personal information so that we can fulfil your order and deliver it to you. Without this information, we would not be able to process your order or contact you if something goes wrong.
If you’ve opted to subscribe to emails from FirstChoicePlantNursery with product information, promotions, advertisements, third- party offers and surveys newsletter, we will collect and use your information to send you what you’ve asked for. However, you may unsubscribe at any time by sending us information about that.
10 – Force majeure
The parties are exempt from liability to pay damages or to perform certain obligations under this agreement, if the damage or failure is due to circumstances beyond the Party’s control (‘Force Majeure Event’) and the circumstance prevents, significantly impedes or delays the performance thereof. The same applies if the damage or failure is due to delayed deliveries from a party’s subcontractor that are caused by a Force Majeure Event. A Force Majeure Event can be, among other things, government action or omission, new or amended legislation, labor conflict, blockade, war, riot, sabotage, extreme weather, lightning, fire, explosion, flood, natural disaster, accident or cable damage caused by third parties.
11 – Governing law and dispute
The parties’ rights and obligations in the interpretation and application of this agreement shall be in accordance with Swedish law. Any dispute arising from the agreement shall be finally settled in a Swedish court.
12 – Validity
These conditions are valid from the 1th of May 2020 until further notice.
Questions about the Terms and Conditions should be sent to us at email@example.com.