|About Us Kernock Park Plants Ltd are completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link on the store page.|
Our Contact details:
Kernock Park Plants Ltd
Phone: +44 (0) 1579 350561
Fax: +44 (0) 1579 351151
Email: wollemipine [at] kernock [dot] co [dot] uk
VAT Registration Number: GB 326 7561 45
EU Plant/Quality Passport: UK/EW 20268
Kernock Park Plants Ltd Ltd is a company registered in England and Wales with company number 3297350
Directors R F Harnett, J P Harnett
|Making A Purchase Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to complete the order.|
We accept credit card payment. If you are shopping from North America or anywhere else, place your order and your credit card company will convert the transaction to US Dollars or your own currency.
We accept Visa and Mastercard. We do not charge for any item until it is ready to ship. Backordered items are not charged until they are shipped. You may send your credit card information via phone, fax, snail mail or over the Internet.
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
|Shipping And Handling|
1. ORDERS AND RIGHT TO CANCEL
1.1 All orders for Goods are accepted subject to the provisions of these Conditions.
1.2 KPP's catalogue or website does not constitute an offer to sell and KPP reserves the right to refuse or decline to accept any order.
1.3 The delivery to KPP of an order constitutes acceptance by the Customer of these Conditions and, specifically, that any representations about the Goods or variation to the Conditions shall be of no effect unless expressly agreed in writing and signed by a partner of KPP.
1.4 No Contract exists between the Customer and KPP for the sale of any Goods until KPP has received and accepted the Customers order and sent confirmation of acceptance to the Customer. The Goods are subject to availability. If KPP cannot deliver the Goods within an agreed time limit, KPP shall have the right to cancel the order and have any sums paid returned to the Customer (see 1.8).
1.5 If the Customer enters into the Contract as a consumer (as opposed to a business) and the Contract is concluded over the internet, by digital television, mail order, phone or fax the Customer has the right to cancel the Contract at any time up to the end of seven working days after the Goods are received and the provisions of Conditions 1.5 to 1.9 (inclusive) apply, but not otherwise. A working day is any day other than weekends and bank or other public holidays. There is no right to cancel the Contract if the order is for goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly. KPP will notify the Customer at the time the order is accepted if this applies.
1.6 To exercise the right of cancellation, the Customer must give written notice to KPP by hand or post, fax or email, at the address, fax number or email address provided, giving details of the Goods ordered and (where appropriate) their delivery.
1.7 If the right of cancellation is exercised after the Goods have been delivered, the Customer will be responsible for returning the Goods to KPP at its own cost. The Goods must be returned to the address shown below and the Customer must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.
1.8 Once KPP has been notified the Customer is cancelling the contract, KPP will refund or re-credit the Customer within 30 days for any sum that has been paid by the Customer for the Goods.
1.9 All refunds due to customer amendments following payment on account will incur a £10 administration fee.
1.10 If the Goods are not returned as required, KPP may charge the Customer a sum not exceeding the direct costs of recovering the Goods.
1.11 Cancellation fees. If a customer required to cancel all, or part of a confirmed order the following cancellation fee structure will apply:
20+ weeks prior to delivery can be reduced without cancellation fee.
16-19 weeks prior to delivery: 50% of the reduced amount will be charged.
10-15 weeks prior to delivery: 75% of the reduced amount will be charged.
3-9 weeks prior to delivery: 90% of the reduced amount will be charged.
1-2 weeks prior to delivery: 100% of the reduced amount will be charged.
Contract orders of plants and/or specific unit sizes at any stage in production: 100% of the reduced amount will be charged.
2.1 Delivery of the Goods shall be made by KPPs own means within the United Kingdom & Ireland. Outside of this area delivery shall be made by the Customer collecting them at KPP's place of business or, if some other place of delivery is agreed in writing, by KPP delivering the Goods to that place.
2.2 Where delivery is to take place by the Customer collecting the Goods from KPP's place of business, the Customer must collect the Goods within 10 days of KPP notifying the Customer that the Goods are ready for collection.
2.3 Any dates specified by KPP for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.
2.4 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or KPP is unable to deliver the Goods on time because the Customer has not provided adequate delivery instructions then:
2.4.1 risk in the Goods shall pass to the Customer (including for loss or damage caused by KPP's negligence);
2.4.2 the Goods will be deemed to have been delivered; and
2.4.3 KPP may store the Goods until actual delivery to the Customer where upon the Customer shall be liable for any costs and expenses incurred (including, without limitation, insurance and storage)
2.5 KPP reserves the right to deliver the Goods by split deliveries, in which event each delivery shall be deemed to constitute a separate contract. No failure by KPP in respect of any one or more split deliveries shall vitiate the Contract or Contracts in respect of previous deliveries.
2.6 Containers, stacking trolleys, shelves and extensions should be returned or transferred at the time of delivery. If the Customer retains any such item they shall forthwith notify KPP and keep KPP informed as to when the return will take place. KPP reserves the right to make a charge for any damage caused to the items by the Customer, for reasonable hire charges and any transport costs incurred in returning the items.
3.1 KPP reserve the right to alter the price of any item at any time and, in the event of such alteration, the price will be notified to the Customer in the invoice. All goods will be invoiced at the price ruling at time of delivery.
3.2 Payment of the Price together with VAT, at the rate prevailing on the date of KPP's invoice, and any packing, loading and unloading, carriage and insurance charges shall be due prior to delivery unless credit has been authorised by KPP
3.3 Where credit for the Customer has been authorised by KPP, payment shall be due within 30 days of the date of invoice, and time for payment shall be of the essence.
3.4 KPP reserves the right to withhold deliveries until any outstanding payments under any other Contract between KPP and the Customer have been received.
3.5 KPP shall be entitled to interest on any overdue invoices at a rate of 8% over the Bank of England base rate from time to time in force such interest to accrue on a daily basis after as well as before any judgement. Where the Customer is a business KPP shall be entitled to the right to reasonable compensation for debt recovery costs incurred as a result of late payment and (without prejudice to Conditions 1.1 and 1.3 above where a Court determines that the Contract is governed by the Customer's terms of business) the right to challenge the imposition of grossly unfair terms and conditions where these undermine the terms of The Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
4. TITLE AND RISK
4.1 Subject to Condition 2.4.1 risk in the Goods shall pass to the Customer when the Goods are delivered to, or collected by, the Customer or its agents.
4.2 Save in the case of Contracts entered into with Customers not acting in the course of a trade or business and notwithstanding the provisions of Condition 4.1 title to the Goods shall remain with KPP until payment of all sums due to it in respect of the Goods and all other sums which are or which become due to KPP from the Customer is received in full in cash or cleared funds.
4.3 KPP shall be entitled to recover the amounts due in accordance with clause 4.2 notwithstanding that property in any of the Goods has not passed from KPP.
4.4 Until title passes the Customer shall hold the Goods as bailee for KPP and shall store or mark them so that they can at all times be identified as the property of KPP. KPP shall be entitled at any time before title passes to repossess (without being liable for any damage caused by so doing) and use or sell all or any of the Goods and so terminate (without any liability to the Customer) the Customer's right to sell or otherwise deal in them and for that purpose or determining what if any Goods are held by the Customer and inspecting them to enter any premises of the Customer.
4.5 Should the Goods become constituents or be converted into other products before title passes to the Customer, KPP shall have ownership and title in such other products as if they were solely and simply the Goods and all KPP's rights hereunder shall extend to such other products.
5.1 Any complaint of non-delivery must be notified to KPP within 4 days of notification of despatch having been sent by KPP to the Customer.
5.2 Any complaint that any Goods delivered are not of the correct quantity or description or have been delivered in a damaged state must be notified to KPP by telephone or fax within 24 hours of their receipt by the Customer and if required by KPP such complaint shall be confirmed in writing within 3 days of such notification.
5.3 Any complaint of alleged defect in the Goods shall be notified to KPP within 7 days of delivery, or in the case of any alleged defect not reasonably apparent upon delivery, then within 7 days of the date upon which the defect actually came to the notice of the Customer, or might reasonably have been expected to come to his notice, whichever is the sooner.
5.4 In respect of any complaint KPP shall be afforded all reasonable facilities to investigate the complaint either by inspection of the Goods at the place of delivery or by requiring the Customer to return a sample of Goods complained of to KPP forthwith on request.
5.5 No complaint under the terms of these Conditions can be considered unless clear proof is furnished to KPP that the Goods alleged to be unsatisfactory were the Goods supplied by KPP and that they were handled and grown carefully and correctly at all times following delivery by KPP or its agents.
6. EXTENT OF LIABILITY AND WARRANTIES
6.1 Every effort is made to ensure that plants supplied are true to type and free from pest or disease but any warranties or conditions whether express or implied as to quality of or fitness for the purpose supplied or productivity or freedom from pests or disease are expressly excluded.
6.2 Whilst any advice offered by KPP is given in good faith, KPP shall not be liable for any consequences of any technical information recommendations statements or advice given by KPP or its staff or agents of KPP.
6.3 Where the Customer deals as consumer within Section 12 of the Unfair Contract Terms Act 1977 the terms set out in Section 12, 14 and 15 of the Sale of Goods Act 1979 are implied into the contract.
6.4 KPP shall, at its option replace with similar goods any Goods which do not comply with the Contract, or allow the Customer credit for the invoice value of the Goods, or to the extent that the Goods are not of KPP's processing or growth, assign to the Customer (so far as KPP is able to do) any warranties given by the grower or processor of the Goods.
6.5 Where KPP is liable in accordance with this Condition in respect of only some or part of the Goods the Contract shall remain in full force and effect in respect of the other part or parts of the Goods and no set-off or other claim shall be made by the Customer against or in respect of such other part or parts of the Goods.
6.6 In no circumstance (save provided for in 6.7) shall the liability of KPP to the Customer exceed the invoice value of the Goods.
6.7 Notwithstanding any other provision hereof KPP does not exclude or limit its liability for death or personal injury resulting from KPP's negligence.
7. FORCE MAJEURE
KPP shall not be responsible for delay in delivery or non-delivery of the Goods or any part thereof occasioned by any Act of God, action by any Government, strike, lock-out, other industrial action, riot or civil commotion, breakdown of machinery, power failure, fire, failure of crop growth by KPP or on its behalf, loss and or detention at sea or any other contingency beyond its control. Should any of the Goods be rendered unfit for delivery by reason of any of the above acts or events, the Contract shall be deemed discharged.
8 DATA PROTECTION
8.1 KPP will take all reasonable precautions to keep the details of the order and payment secure, but unless KPP is negligent, KPP will not be liable for unauthorised access to information supplied by the Customer.
8.2 KPP will only use the information provided by the Customer for the purpose of fulfilling the order. KPP would like to notify the Customer of products and offers that may be of interest to the Customer from time to time. If the Customer wishes to be included or excluded from such correspondence, wishes to correct any information about him, or wishes for any information about the Customer to be deleted, then Customer should inform by giving written notice to KPP at the address, fax number or email address shown below.
9.1 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.
9.2 If any part of these Conditions is held to be unreasonable invalid or unlawful at law the Court or other competent tribunal shall have the power to strike out or override that part whether it be an entire condition or conditions or parts thereof and to enforce these Conditions as if the unreasonable, invalid or unlawful part or parts thereof aforesaid had not been included.
9.3 KPP may change these Conditions without notice in relation to future sales.
10. DEFINITIONS In this document:-
10.1. "Conditions" means the terms and conditions of sale and purchase set out in this document and any other terms agreed in accordance with the provisions of Condition 1.3 above.
10.2 "Contract" means any contract between the Customer and KPP for the sale and purchase of Goods, incorporating these Conditions.
10.3 "Customer" means the person who places an order for Goods.
10.4 "Goods" means the plants or other goods which are the subject of the Contract, as described in the edition of KPP's catalogue or website current at the time the Customer places an order for Goods.
10.5 "KPP" means Kernock Park Plants Ltd of Kernock Park, Pillaton, Saltash, Cornwall PL12 6RY.
10.6 "Price" means the price for the Goods excluding carriage, packing, insurance (if applicable) and VAT at the rate prevailing on the date of KPP's invoice.
|Delivery Schedule All trees ordered will be despatched on the Tuesday following the date of order unless otherwise stated. If, for some reason, your purchase has been delayed in despatch we will inform you of the fact and tell you when to expect delivery. If the rearranged delivery date is not acceptable to you we will refund the money to the invoice.|
|Tax Charges For orders made from the UK or the European Union, 20.0% VAT is added. All other orders are VAT free.|
|Credit Card Security When the order is placed at our website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.|
|Reaching Us If you need to reach us, please email us using the link on the store page, alternatively, you can call on +44 (0) 1579 350561 (International +44 +44 (0) 1579 350561) or fax us on +44 (0) 1579 351151 or write to us at Pillaton Saltash Cornwall PL12 6RY England and Wales|
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a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Issue a unique identifier (e.g. customer login)
d. Monitor customer account status beyond that required for individual purchases
e. Only disclose information to third-parties for goods delivery purposes
|Returns Policy Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm|