A Shapely, Sculptural & Exotic Topiarised ‘Niwaki’ Tree – Ilex crenata ‘Dark Green’ ‘Niwaki’ Worth: £1,995.00
TERMS & CONDITIONS:
16.1 Terms & Conditions Specific to Plants, Pots & All Other Items Belonging to Architectural Plants Gifted to a Validated Competition Winner.
These Terms & Conditions are specific to plants, pots & all other items belonging to Architectural Plants gifted to a competition winner for delivery in the UK. By entering a competition or accepting a competition gift from Architectural Plants you agree to be bound by these Terms & Conditions. Architectural Plants Ltd reserve the right to change these terms and conditions at any time and without prior notice by updating this page. You should check this section of the Architectural Plants website periodically to ensure you have the most recent version of our Terms & Conditions as this is relevant to any competition prize you accept.
These terms and conditions are for competition winners only. By competition winner we mean any person who does not deal in garden plants, planting, garden design, creative maintenance, or horticultural deliveries in the course of their business and is thus considered to be Trade or an accredited Architectural Plants Trade Customer.
16.2 Accepting a Competition Gift
When taking part in a competition where you claim a gift supplied as a prize by Architectural Plants you understand and agree that:
a) The plant, pot or other item will be chosen by Architectural Plants not the competition winner.
b) If the gift is a plant, it might not be the specific plant used in promotion materials or display. It will be from the same plant family, have the same size and similar shape and be of the same value. No two plants are the same due to the fact that plants are living products.
c) Delivery arrangements for your gift will be agreed once contact has been made with you and your identity as the competition winner has been validated.
d) Where Architectural Plants supply plants, pots & any other items to other companies to gift to their competition winners, a valid identification of the winner’s identity including a delivery address must be completed before we make contact to discuss the delivery.
e) All gifts will be inspected prior to dispatch by Architectural Plants. Any issues will be communicated to the competition winner should these delay delivery.
f) Architectural Plants’ competition gifts are non-refundable & non-returnable except in exceptional circumstances highted in Section 16.4 (c).
g) Architectural Plants will not be liable for damaged caused to gifts handled: in loading, during transport, or delivery by a courier external to Architectural Plants.
h) Architectural Plants will not be responsible of the care and health of the plant once delivered.
16.3 Arranging Delivery
a) Please note that any delivery timescales stated on the Architectural Plants website or dates given on emails regarding delivery are only estimates. We would advise you not to arrange any ancillary services by a third party such as a landscaping firm or gardener until goods have been delivered. We cannot be held responsible for any unnecessary expense incurred in this matter if you rely on a delivery estimate which is not met. We will endeavour to deliver the gift within our timeframe of 3-14 working days. Plant gifts that exceed a certain size or are particularly fragile can only be delivered after a consultation with us. A conversation must be had to discuss the most appropriate form of delivery.
b) There are no deliveries on Saturdays, Sundays or public holidays.
c) It is the competition winner’s responsibility when entering the competition to ensure that they give us the full delivery address details, including an accurate postcode of the delivery address. It is also the competition winner’s responsibility to provide an accurate daytime contact telephone number(s) and correct email address so we can notify you should there be any problems with your gift or delivery.
d) If you cannot be present to accept delivery and want the gift to be left unattended, please notify us prior to the delivery date in writing by post, email or leave a signed note to this effect in a secure place.
e) When your delivery is confirmed, we will send you a confirmation email stating your contact details as have been provided to us and your order reference number. We will contact you to inform you of the exact date on which your gift will be delivered. If you need any further information or support regarding your delivery, please call us on 01798 879213.
16.4 Receiving Delivery
a) We normally make a curb-side delivery and our driver will not ask for assistance. Delivery will be deemed as successfully made once the gift arrives at the specified address so long as the delivery has been signed for by an adult aged 18 years or more or the competition winner left a signed note to say that the gift can be left unattended and not signed for. For delivery to locations other than private homes including but not limited to business premises, government buildings, hospitals, airports, hotels etc, the signature of any person authorised to accept delivery on behalf of that company or organisation shall be accepted as proof of delivery of the goods to the buyer.
b) Once the gift has been received by you, your agent, or the intended recipient, or a signed note has been left indicating that delivery can be left unattended, the goods are your responsibility. We will no longer be liable for any loss or damage to the goods.
c) If you choose to accept the delivery of a package that is damaged, you must sign the delivery note as “Damaged” and notify us of any damage within 7 days of receipt. We will require you to send us photographic evidence of the damage. We will then be in touch to discuss the issue.
d) Claims for damaged plants will not be accepted if the courier has obtained a clean signature for delivery and there is no mention of damage on the delivery note. Signing of the delivery note as unchecked or similar wording does not waive your obligation to notify us of any damage as detailed above.
e) If you have any cause for concern after delivery by Architectural Plants or become aware of any issues such as damaged or defective plant, please call us immediately
for advice and let us know. Call us on 01798 879213 to talk about your concerns but notification must also be sent in a durable form either by sending an email to orders@architecturalplants.com or in writing to:
Architectural Plants Ltd Stane Street North Heath Pulborough West Sussex RH20 1 DJ
17. ENTIRE AGREEMENT
The Contract constitutes the entire agreement between the competition winner and Architectural Plants. The competition acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Architectural Plants which is not set out in the Contract.
18. RIGHTS OF THIRD PARTIES
No person who is not a party to this agreement has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
19. SEVERABILITY
If any court or competent authority decides that any of the provisions of the Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
20. ENGLISH LAW
The Contract and any non-contractual obligations arising under or in connection with it are governed by and construed in accordance with laws of England. Both the competition winner and Architectural Plants hereby submit to the exclusive jurisdiction of the English Court
