'The Company' means Blooming Artificial Limited, 'the Customer' means the person, firm, company or corporation who orders, purchases and/or contracts to order or purchase goods of the Company.
All quotations are made and all orders are accepted subject to the following terms and conditions.
Any terms and conditions contained in any acceptance of this quotation which vary, are contrary to or additional to those herein contracted shall be void and of no effect. A customer desiring any reasonable amendment of those terms should communicate with the Company before forwarding an acceptance. No amendment of these terms shall be valid unless made in writing and signed by the Company.
Before using any of our products, the customer shall determine the suitability of the product for its intended use, and the customer assumes all risks and liability whatsoever in connection herewith. Blooming Artificial Limited shall not be liable either in tort or in contract for any loss or damage - direct, incidental or consequential, arising out of the use of, or the inability to use, any of our products.
Description of Goods
All specifications, drawings, illustrations, particulars of weight and dimensions issued by the Company are approximate only and do not form part of any terms, conditions or warranties of any contract entered into by the Company. The Company may vary such specifications, drawings, illustrations, particulars of weight and dimensions at any time and for whatever reason, without having to give a reason or explanation.
Catalogues, Prices etc.
Catalogues, brochures, price lists and all other advertising matter are only an indication of the type of goods offered by the Company, they shall not constitute a sale by description. All prices therein are intended to be correct at the date of publication but are subject to increase, alteration or withdrawal without notice.
All quotations made are applicable only to quantities specified and are valid for 30 days from the date of quotation. The Company reserves the right to increase its price to take account of variations in labour, material or other costs between the date of quotation and the last date of delivery of the goods.
a. Verbal orders must be confirmed in writing within 48 hours.
b. If the Customer cancels any order before its completion he shall immediately thereupon become liable to pay to the Company a sum equal to the cost of the labour, materials and overheads expended in the execution of the said order up to and including the date of the receipt of such cancellation plus the amount of the profit which the Company would have made for such cancellation.
Delivery and Passing of Risk
a. Any dates and times quoted for delivery are to be treated as an estimate and the Company shall not be liable whatsoever for failure to deliver by such date or time.
b. The risk in the goods shall pass to the Customer on delivery to the Customer's premises or to any person or party authorised by the Customer to receive goods.
c. We shall not be responsible for loss arising from delay or failure to deliver arising from causes beyond our control. These include Act of God, war, civil disturbance, riot, industrial action or dispute, natural calamity, controls, restrictions or prohibitions of Government or other competent authority, fire, flood, sabotage or non-availability of materials.
d. Responsibility for data submission as required by The Waste Electrical and Electronic Equipment Regulations 2006 passes to resellers of products covered by the regulations upon transfer of title to the goods.
Retention of Title
Goods shall remain the property of the Company until payment in full has been received. Until title to the goods passes to the Customer he shall hold the goods for the Company and shall store the goods in such a manner as they are readily identifiable as the property of the Company. Ownership of all tooling and film positives rests with the Company.
Ownership of all intellectual property rights in relation to design work carried out by the company rests with the company unless otherwise provided for by a separate agreement.
Goods will be despatched by the most convenient means unless otherwise agreed in writing, and carriage will be charged at cost.
Loss or Damage in Transit
The Customer should endeavour to notify, in writing, the Company and the Carrier within 24 hours of delivery, of any damage or loss of goods in transit. Non-delivery should be notified in writing within 14 days of the date of invoice. Damages reported within 30 days of delivery will be exchanged or refunded. After this period, but within 6 months will be offered a partial refund.
The Customer is responsible for both the cost of returning the items and ensuring it arrives in a saleable condition. Bespoke items such as artificial hedging are made to measure items and are therefore not returnable.
You will receive a full refund on any returned items within 14 days of receipt. All goods will be inspected for use and/ or damages before refunds are processed.
We also refund the basic cost of carriage, which is currently £5.99. If you have paid for an upgraded shipping service we will not be able to reimburse you the full amount.
Cancelled orders will be refunded immediately.
Bespoke items are made to measure and are therefore non-refundable. It is the Customers responsibility to ensure that all measurements on the quote are accurate before payment is sent and work commences.
Amendments made after this date are chargeable.
a. Where credit terms have not been agreed, payment should be made in full with order or, where appropriate, immediately prior to despatch of the goods.
b. Unless otherwise agreed in writing the Company's credit terms are 30 days from date of invoice. The company reserves the right to refer any unpaid invoice beyond this point to a professional debt collection agency who will add a surcharge of 15% of the invoice total plus VAT to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
c. Where payment is not normally to be made until after delivery and the latter is delayed by the Customer's inability or unwillingness to accept such delivery at the time the goods are ready for despatch, the Company reserves the right to demand immediate payment in full after giving notice of its readiness to deliver the goods and to charge the Customer any storage expenses it may have to incur, all such storage being entirely at the Customer's risk.
The Company shall not be under any liability to the Customer or to any third party in respect of defects in goods delivered whether patent or latent or for any injury, damage or loss resulting directly or indirectly from such defects howsoever caused. Without prejudice to the foregoing the Company reserves the right at its sole discretion to make replacement of goods or parts in respect of any complaint in writing relating to alleged defects received by the Company within one month of the date of delivery. The date of delivery for the purpose of this clause shall be the date of delivery to a carrier by the Company.
All statutory warranties and conditions are hereby excluded as well as all warranties and conditions made orally or in writing by whosoever given which vary or are contrary to or in addition to the above terms of business except those (if any) provided for by the note to Clause 2 hereof.
The contract shall be subject to the Laws of England and construed in all respects as an English Contract.