TERMS & CONDITIONS

1. In these conditions "we", "us" and "our" refer to Bonsai Southwest, trading as Bonsai Southwest. You can write to us via e-mail to bonsaisouthwest@hotmail.com. This is also the addresses to write to if you have any complaints. "You" and "your" refer to the customer who places an order with us.

2. We reserve the right not to accept any order. Once your order is accepted by us, a contract will come into force, on the terms and conditions set out here.

 

2.1   Sale of Sharp Objects
We do not supply knives, knife blades, scissors or edge tools to persons under 18 years of age. By purchasing these items you confirm that you are over 18 years of age and comply with the Offensive Weapons Act 1996. These items cannot be paid for by Postal Orders or cash, and if we are in doubt as to your age we will ask you to provide physical evidence. If proof cannot be provided your money will be returned minus a 10% administration charge.

 

3. We will try to deliver your goods as soon as practicable. You should tell us if you do not receive your goods within one week of any estimated delivery date that we give you. Please note that any dates quoted by us for delivery are estimates only. If we are unable to despatch your goods within 30 days of your order, you may cancel your order and get a full refund for those goods.

4. When you receive the goods, you should check them as soon as possible, and let us know within 7 working days of receipt if there are any problems. If possible, please retain all packaging until you are satisfied with the goods. You will be responsible for any loss or damage to the goods which occurs after they have been delivered to you.

5. We will require payment of the price for the goods in full before we despatch them unless we agree otherwise in writing with you. However, if you have an account with us, we may, at our discretion, allow you to make payment in full within 30 days of our invoice.

6. Details of our delivery charges and methods of payment for the goods are shown in the relevant sections of our sales documentation. Prices quoted for delivery may include a handling/administration fee. Delivery charges may be subject to change, we will inform you for approval where necessary.

7. Any payments that are overdue will bear interest at the rate of 2% per annum above the base rate of The Bank of England from the date that payment was due until the date of actual payment.

8. All the goods that we supply will remain our property until you have paid for them in full, including all delivery charges. If you sell the goods you agree to hold the sale proceeds upon trust for us until you have paid us for them in full.

9. Every effort is made to ensure that prices and descriptions are accurate at the time of going to press. If an error is found or if manufacturer's prices or products change, we will inform you as soon as possible and offer you the option of cancelling your order or reconfirming your order with the revised price or product.

10. The information and advice contained in our sales documentation is for general guidance purposes only. You are responsible for determining whether it applies to your particular situation. In particular, please read all manuals and safety instructions provided with our goods, and follow them carefully at all times.

11. You can cancel your order for any reason and get a refund at any time before we despatch the goods. For credit card and Paypal payments the refund will be subject to a 2% handling charge. You can also cancel your order up to the end of 7 working days after the day you receive the goods. A working day is any day other than weekends and public holidays. To cancel your order you should write to us within that time to the address in clause 1 of these conditions. You will be responsible for the cost of returning goods to us. Once received in good, sale-able condition we will issue the refund less outgoing carriage costs and 2% handling.

12. You may return goods for a credit or to exchange strictly in accordance with our published Returns Policy, and subject that in the event of a conflict between these terms and conditions and the Returns Policy, these terms and conditions shall prevail. Carriage charges are non-refundable where goods are supplied correctly by us.

13. We will not be liable for any delay in delivering the goods which is due to events or circumstances beyond our reasonable control or for any business losses. We accept no responsibility for losses incurred following delays imposed by international customs services where documentation is supplied as requested.

14. If we fail to enforce any of these conditions, that does not mean that we have waived any of our rights and we retain the right to enforce any of these conditions at any time.

15. This particular clause only applies if you are buying goods from us for the purposes of your trade, business or profession and you are not classified as a consumer under UK consumer protection legislation. If you are such a business customer, clause 11 of these conditions will not apply, we will not be liable for any consequential losses and subject to clause 13 our maximum liability shall be limited to the price of the goods.

 

16. Latin names stated for plants are correct to the best of our knowledge. We accept no responsibility for the performance of plants where the cultural and environmental conditions are beyond our control. Where we provide cultural information this is intended as a guideline only. Foliage condition of any plant can vary according to season and prevailing conditions and is not guaranteed to match the offer photo.

17. Nothing in these conditions affect your statutory rights as a consumer. You may obtain information about your statutory rights from your local Trading Standards Department or Citizens Advice Bureau.

18. English law shall apply to these conditions.

19. Due to customs restrictions Bonsai Trees CANNOT be sent to the UNITED STATES or non-European Union Countries. TREES PURCHASED BY CUSTOMERS OUTSIDE THE E.U WILL BE REFUNDED LESS A 10% HANDLING FEE. If you are unsure about receiving trees please ask before ordering bonsaisouthwest@hotmail.com.

20. When your order is shipped by courier you will receive a unique tracking number for each parcel sent. It is the customers responsibility to monitor progress of the parcels. We do not track parcels for you. Some tracking information is availablele for orders despatched by Royal Mail, but this may not be comprehensively detailed by them.

21. By placing an order with us, you confirm that you are over 18 years old and are legally capable of entering into binding contracts. We reserve the right at our sole discretion not to accept any order. Once your Order is accepted by us, a contract will come into force, on the terms and conditions set out here.

 

22. Measurements quoted indicating the dimensions of goods for sale are approximate. Due to changes and variations in manufacturing processes some variance is possible to + or - 10%. We are happy to provide exact dimensions upon request by email prior to your purchase.

 

Privacy and the Data Protection Act

The information that you provide to us will only be used for credit and security checks and for managing your account.

We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.

We collect such Non-personal and Personal Information for the following purposes:

1. To provide and operate the Services;

2. To provide our Users with ongoing customer assistance and technical support;

3. To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

4. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

5. To comply with any applicable laws and regulations.

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.  

 

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us

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Returns Policy

This policy is produced in accordance with and will always defer to the rights and remedies contained in our published terms and conditions, and in the event of any conflict between our terms and conditions and this policy, the terms and conditions shall prevail.

Unwanted Returns

Where an item is supplied correctly by ourselves the following shall apply.
Should your purchases be unsuitable and you wish to return them to us for a credit or to exchange then the following conditions will apply:

Items returned for refund must be unused.

Goods must be returned within 7 working days of receipt of the goods.

We must be contacted before any return is made to obtain the necessary returns reference.

All items should be returned in their original packaging and a saleable unused condition to obtain a full refund. We reserve the right to charge for repackaging where applicable.

All carriage charges for unwanted returns supplied correctly will be at your expense.

Transport packaging should be sufficient for the method of carriage. We cannot accept any responsibility for damage caused by your carrier.

We cannot accept the return of any item that has been manufactured to your specification, or any audio or video recordings, books or computer software that has been unsealed. Or any other exclusion detailed in our Terms and Conditions.

Your return should be accompanied by a proof of purchase, your name, address and phone number, and order reference number for online orders. To help us, to help you, we would appreciate you enclosing details of why you wish to return the product.

If we have made a mistake and supplied goods incorrectly we will either have them collected from you or ask that you return them promptly in the original packaging. We will cover any costs incurred for you.

DO NOT RETURN ANY GOODS UNLESS YOU HAVE CONTACTED US FIRST.

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Shortages

Should any consignment be sent to you incomplete please contact us within 7 working days. We will be pleased to investigate this for you and to arrange for the completion of your order. Please be aware that back-ordered items that are "to follow" do not constitute shortages.

 

Damaged Goods

Should you receive any parcel from us that is damaged or contains damaged goods you should either refuse delivery or sign for as 'Damaged' depending upon what you see at the door. A damaged parcel should be notified to us immediately.
If upon opening your parcel goods are found to be damaged we request you email clear photo's of the damaged items quickly so we can decide what action to take. No replacements or refunds will be forthcoming without photographic evidence having been presented.
If any damaged items have been used they will be deemed acceptable by you and will not be considered for replacement, or refund.
For the avoidance of doubt, nothing in this policy shall affect or modify your STATUTORY RIGHTS. Your right of cancellation will be in accordance with our published terms and conditions.

 

Delayed or Lost Parcels

In our experience 99.9% of all parcels delayed do eventually arrive so please be patient!
Parcels are despatched either by Royal Mail or a courier service. For more information click here
Small parcels shipped by Royal Mail are not always trackable and their transit time is variable. You will receive an email from us letting you know we have sent your parcel. We have no way of knowing where your parcel is on it's journey and should delays occur there is nothing we can do in the short term. Most U.K parcels arrive within 14 days of despatch. International orders can take longer. It's not normal but is certainly not unknown for international parcels, particularly outside the E.U to take several weeks to arrive.
A parcel is deemed to have been lost once eight weeks from the time of despatch has passed, at that point we will make a full refund. If the delay is due to local customs service we cannot be held responsible either for charges levied or for items returned to us.

Where a trackable courier service is employed to deliver your parcel delays can be seen if you follow the tracking information we send you.

Should a parcel be delayed or mislaid we can instigate an official search once you let us know. If this proves unsuccessful our couriers will inform us the parcel is officially lost, this allows us to raise a claim and at that point we can issue a refund. This process can take a few days and so we ask you to be patient.

It is your responsibility to ensure you are allowed to receive the goods you have ordered. Goods seized or returned by customs will not be refunded neither will the cost of shipping or any charges we receive for returns.

 

Copyright

Intellectual Property

All content within the Bonsai Southwest web site, www.bonsaisouthwest.co.uk, including site design, text, graphics, software compilations, underlying source code, software (including applets) are the intellectual property of Bonsai Southwest. The copy of such materials is strictly forbidden without specific written permission from a company director. You may however print complete pages of the site as hard copies for your own personal use.

Trademarks

Bonsai Southwest, and all respective logo's are all registered trade marks of Bonsai Southwest. Infringements of our copyright will be pursued vigorously. Other product and company names mentioned on this web site and in our catalogue might be registered trademarks of their respective owners.

Disclaimer

Where indicated, VAT is quoted at 20% and may be subject to change without notice in line with Government legislation.
While we use reasonable measures to ensure that the contents of this Site are accurate and up to date Bonsai Southwest does not accept any liability for any information which may not be accurate. We also reserve the right to change data, references and product specifications at any time.
The pricing and availability information is subject to change without notice.