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These are the Terms and Conditions (“Conditions”) on which Planted. (“Planted.” or “We”) supply products or services (“Goods”) to our customers (“Customer” or “You”) and our requirements from You, as your supplier. By placing an order with Planted. you acknowledge that these Conditions will apply and that both parties will be bound by them, therefore please read these Conditions carefully before you place your order. Your statutory rights are not affected by these Conditions.
1. Made-to-order
1.1. The production time indicated at the time the order is placed will only commence once full order details have been received and funds have cleared. Sometimes the chosen fabric may be out of stock with the manufacturers and therefore make a longer lead time. You will be notified within 4 days of placing your order if this is the case.
1.2. We endeavour to manufacture our products as accurately as possible, however as they are all beautifully hand crafted, using natural and variable materials, the dimensions of our products may vary within a tolerance of up to +/- 3cm.
1.3 As every item is made to order, Planted. does not offer exchanges or refunds. If there is a manufacturing fault, a team member from Planted. will assess, and if deemed appropriate, the item will be rectified by Planted.
2. Processing orders and Payments
2.1. Please note, Planted. is the trading name of Daisy and Delilah Ltd (company number 08485955) and therefore all payments will be made to Daisy and Delilah Ltd.
2.2.All orders placed through our website will be subject to our acceptance of the order.
2.3. All prices quoted on our website are inclusive of VAT. Delivery charges are highlighted and estimated at the point of check-out.
2.4. Full and complete payment will be required for all items purchased online and at the time of placing your order.
2.5. Payments may only be made via one of the specified methods within the payment section and funds shall be debited and cleared from your account, upon order.
2.6. By accepting these Conditions you confirm that the payment account is in your name. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. In the event that the issuer of your payment rejects and/or fails to authorise the payment to us, we will not be liable for any delay or non-delivery.
3. Delivery
3.1. Any delivery date and time provided is an estimate only and shall not be subject to these Conditions. Whilst we strive to achieve every delivery date, Planted. retain the right to amend the date and time of delivery as they consider necessary and no estimate provided by Planted. is legally binding or forms the essence of this contract.
3.2. Title and risk of Goods shall only pass to you, upon successful delivery.
3.3. It is your responsibility and duty to advise us at the time of your order, if you are aware of any difficulties that may arise upon delivery. Safe access to the room of choice must also be considered ensuring the route is clear. Any costs incurred effecting delivery will not be the responsibility of Planted. (i.e. door or window removal etc.) Planted are only required to deliver Goods to your front door. Upon specific request it may be possible for Goods to be delivered to an easy access room, however this must not be relied upon.
3.4. In the event that you do not accept delivery on the delivery date agreed, Planted. retain the right to place Goods in storage. You will be responsible for paying any third-party costs or fees incurred by Planted. should this occur.
3.5. The Customer should inspect goods immediately upon delivery. Once Planted. personnel have vacated the delivery address; you will be deemed to have accepted the Goods and Planted. accept no liability or responsibility for Goods following this point.
3.6. In the event that Planted. is prevented from carrying out its obligations to the Customer by any cause beyond its reasonable control, including but not limited to, fire, flood, storm, failures of sub-contractors or transport, industrial action, or acts of God, Planted. shall not be liable for any failure or delay. However, Planted. will try to find alternative ways of performing the its obligations as supplier, where possible.
3.7. Planted. reserve the right to stop or intercept a delivery at any time. Including after dispatch if we suspect the transaction may be fraudulent.
4. Face Fabrics
4.1. Please be aware that the face fabrics we have chosen are all natural and/or recycled products. They act naturally and may flaw.
4.2. Cotton Velvet has a natural tendency to crush and this can also occur when sewing and manufacturing the product. Minor crush marks usually fall out over time. Failing this, a careful use of steam can remove heavier crush marks. Avoid getting the fabric wet.
4.3. Linen can stretch if pulled. Please ensure you take extra care when cleaning any soiled areas and ensure you only use warm water and a damp cloth, if necessary.
4.4. Recycled cotton is more robust. In the event of soiled areas clean gently with warm water and a cloth.
4.5. This clause is applicable and in conjunction with clause 7.
5. Website Purchase
5.1. Products purchased through our website are sold subject to the product description which sets out specific conditions, including but not limited to, estimated delivery dates, prices, and after-sale services. Whilst all care will be taken to ensure the information provided is correct at the time the relevant information is live, we reserve the right to make amendments of such information from time to time. Images are for illustration purposes only.
5.2. We reserve the right to withdraw any products from our website at any time and/or make amendments to any information provided, including but not limited to, materials and content. We will not be liable to you or any third party for our withdrawal of products whether or not the product has been sold, removing or editing any materials or consent, refusing and/or suspending a transaction after processing as begun.
5.3. By making an order you specifically authorise us to transmit information and/or obtain information about you from any third parties from time to time, including but not limited to, your payment details, authenticate your identification, validate payment details.
5.4. We reserve the right to update our website and remove and/or edit parts of its content. This can happen at any page. We cannot accept any liability for any errors, omissions or results of inaccuracy.
6. Amendments and/or Cancellations – order placed in our showroom
6.1. All requests for cancellations and/or amendments to an order must be notified to Planted. in writing and within 24 hour of your order request. Please note that any cancellation and/or amendment request is only valid once you have received confirmation from Planted. that instructions have been received and your request is viable. Until such notice has been received, your order shall remain the same as that, at the time your order is placed.
6.2. In the event that any cancellation or amendment request is received after you have received confirmation of your purchase order, all costs incurred by Planted. will be identified and charged to you.
7. Guarantees and Warranties
7.1. All our frames are guaranteed against manufacturing defects for a period of 10 years from the delivery date.
7.2. All our Goods are guaranteed against manufacturing defects for a period of 2 years from the delivery date.
7.3. For the avoidance of doubt, no Goods are guaranteed against accidental or deliberate damage or where the fabric has failed as a result of negligence. Exclusions to the guarantee includes but is not limited to Wear & Tear, Misuse or Failure to Maintain.
7.4. Planted. warrants that the Goods will comply with the applicable UK and EU product safety legislation.
7.5. Planted. warrants that the Goods will be of a satisfactory quality and match their specification, description and any samples provided, save as to the best of the ability and reasonable control of Planted.
8. Intellectual Property Rights
8.1. Planted. shall own and retain all Intellectual Property Rights, including but not limited to, drawings, specifications, designs, know-how development for Planted. personnel in performance of the contract.
8.2. Planted. and our licensors shall own and retain all copyright, trademarks and all other Intellectual Property Rights in all content supplied as part of the website. You are not permitted to use any material in any sense without the prior written approval of us or our licensors.
8.3. You acknowledge and agree that all material and content within the website is made available to you for your personal use and use of content for a commercial purpose is strictly prohibited. You acknowledge and agree that you must not distribute, assist or facilitate any third party, known or otherwise, to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
9. Force Majeure
9.1. In the event that Planted. is prevented from fulfilling its obligations under the contract by a cause beyond its reasonable control, including but not limited to war, national emergency, flood, earthquake and industrial action, Planted. will not be in breach of these Conditions and no action may be taken against Planted.
9.2. Planted. will notify the Customer as soon as reasonably practical of any event and take reasonable steps to resume production and performance of its obligations as soon as reasonably possible.
10. Severance and Survival
10.1. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Conditions.
10.2. Each Clause of these Conditions shall be construed as separately applying and shall survive termination even if for any reason one or other of these Clauses is held to be inapplicable and unenforceable in any circumstance.
11. Details contained in online orders
11.1. Whilst all reasonable care will be taken to ensure the details of your order and payment are secure but in the absence of negligence on our part, we do not accept any liability for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
11.2. For safety reason your order data is not available via the internet.
12. Indemnity
12.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.