Wholesale Terms and Conditions
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
“the buyer” means the person, firm or company who purchases the goods from George Botanicals.
“George Botanicals Ltd” means George Botanicals Limited
“orders” means a written request for goods and/or services placed by the Buyer with George Botanicals Ltd and accepting in writing by George Botanicals Ltd.
“Contract” means the contract between George Botanicals Ltd and the buyer which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract to be supplied by George Botanicals Ltd to the Buyer;
“Services” means any services agreed in the Contract to be supplied by George Botanicals Ltd to the Buyer;
“Place of Delivery” means the place to which the Goods are to be delivered;
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
Are those ruling at date to dispatch and are subject to alteration as may be necessary. Unless otherwise stated prices and delivery charges will be exclusive of VAT and delivery costs.
Terms and Payment
Payment is due at the time of order unless a credit account is held. Payment is due in full, 30 days from the date of the invoice if you hold a credit account. Further orders will not be dispatched, whilst balance remains outstanding.
Payment shall not be deemed to have taken place until the receipt by George Botanicals Ltd.’s cleared funds.
George Botanicals Ltd shall be entitled to charge an adaptational finance charge at the rate of 4% per month on amounts overdue and George Botanicals Ltd reserves the right to (1) withhold shipment of the goods until full payment is made; and/or (2) revoke any credit extended to the Buyer. If the Buyer’s account is more than 60 days in arrears, the Buyer shall reimburse George Botanicals Ltd for reasonable costs, including legal fees, of collecting such amounts from the Buyer:
George Botanicals Ltd may rescind any contract between the customer and company and charge for any goods supplied whether completed or not, if the Buyer:
- Commences a judicial or administrative proceeding under a law relating to insolvency for the purpose of reorganising or liquidating the debtor or reconstructing its debt;
- Anyone commences any such proceeding against the Buyer and either (a) the proceeding not dismissed by midnight at the end of the 60th day after commencement or (b) any court before which the proceeding is pending issues an order approving the case;
- A receiver, trustee, administrator, or liquidator (however each is referred to) is appointed or authorised, by law or under a contract, to take charge of property of the Buyer for the purpose of enforcing a lien against that property, or for the purpose of general administration of that property for the benefit of the Buyer’s creditors;
- The Buyer makes a general assignment for the benefit of creditors; and
- The Buyer generally fails to pay its debts as they become due (unless those debts are subject to a good-faith dispute as to liability or amount) or acknowledges in writing that it is unable to do so.
Retention of Title
- Property, legal or beneficial, in any goods supplied by the seller, shall pass to the buyer only when the seller has received full payment for all sums then owed by the buyer to the seller.
- Goods in respect of which property has remained with the seller shall be kept identifiable as those of the seller, and the buyer shall at its own expense immediately return such goods to the seller or permit the seller to enter the buyer’s premises to collect such goods should the seller so request.
- Risk shall pass to the buyer with possession of goods.
Customers requiring a credit account must complete an account application form and, if requested supply a copy of their latest submitted year end and/or management accounts. If your application is successful, you will be notified of a credit limit. Goods required over this value will require cleared funds in advance of delivery.
Claims arising from loss of, or damage to, goods in transit must be notified to the company in writing, within 3 days of receipt of goods in case of damage, and 7 days of date invoice in the case of loss. Claims made outside the above time limits will not normally be entertained by the company.
When goods have been ordered in error or are not as expected, the company may agree to their return on the following conditions:
- The items must be in perfect condition and returned in their original packaging carton.
- A request must be made to the company within 7 days of the receipt of goods.
- Any refunds given for returned goods will be subject to a handling charge of 15% of the value. No refunds will be made in the respect of carriage charges levied on the original order. Exchanges will be made without a handling charge within the 7-day period.
- No returned goods will be accepted unless Returns Authorisation has been given.
- It is the responsibility of the customer to arrange for the return carriage and to ensure that the returned goods are adequately packaged to avoid damage in transit.
- We strongly recommend that proof of posting/despatch and appropriate insurance are obtained by the customer. WE CANNOT ACCEPT LIABILITY FOR LOST OR DAMAGED PARCELS IN TRANSIT TO US.
- Collections can be arranged via our courier at a cost of £15 per parcel.
Any items being returned as damaged in transit must be signed for with our courier company as damaged. George Botanicals will not be able to refund or exchange goods that have been damaged in transit and not signed for as damaged.
George Botanicals undertakes to effect delivery as expeditiously as possible which is usually within 5 working days of the order being accepted. Delivery dates cannot be guaranteed as they may be affected by circumstances beyond our control. Neither George Botanicals, nor the nominated carrier will accept claims for consequential losses due to late delivery.
Parcels will be normally be sent by courier. Charges will be as follows:
- Orders with a net value of £100 or over will be sent CARRIAGE FREE (excluding the next day expressed timed service-UK mainland only).
- Orders under £100 will carry a charge of £6.95.
The company shall be entitled to cancel or delay delivery of orders if it is delayed, hindered or prevented from delivery through circumstances beyond its control. Such circumstances shall include (but are not limited to) industrial action, accident, fire, terrorism, Act of God or failure to deliver by suppliers or carriers.
Cancellation of an order prior to delivery will only be accepted on the following terms:
- Standard products – 5% handling charge.
- Special non-standard items not included in (a) above cannot be accepted for cancellation and payment must be made in full. CANCELLATION AFTER DISPATCH CANNOT BE ACCEPTED.
Changes to orders must be confirmed in writing and agreed in writing by the company.
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Risk in Ownership of Goods
Risk in the goods shall pass to the buyer on delivery.
Ownership of the goods shall not pass to the buyer until George Botanicals Ltd has received in full in cleared funds all sums due to George Botanicals Ltd in respect of the goods and all other sums which are or may become due to George Botanicals Ltd from the Buyer on any account.
Until ownership of the goods has passed to the Buyer, the Buyer shall:
Hold the goods on the fiduciary basis as George Botanicals ltd bailee;
Store the goods separately from all other goods the Buyer or any third party in such a way that they remain identifiable as George Botanicals Ltd property;
Not destroying or deface any identifying mark on the goods or their packaging;
Maintain the goods in satisfactory condition insured with George Botanicals Ltd.’s interest noted on the policy and hold any proceeds of such insurance on trust for George Botanicals Ltd and not mix them with any other money.
Limitation of Liability
George Botanicals Ltd.’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall in no event include liability for incidental, special, indirect, consequential or punitive damages even if advised in advance of the possibility for such damages. The Companies total liability for damages under this agreement and the order shall be limited to the total fees due for the invoice upon which a claim is based. In no event, shall George Botanicals Ltd be responsible for any claims arising out of its compliance with instructions, requirements, or specifications provided by or required by the Buyer.
Data Protection and Confidentiality
George Botanicals Ltd fully complies with relevant Data Protection Legislation when dealing with customer information. Each party shall safeguard and keep confidential, all confidential information that it may acquire in relation to the business or affairs of the other party. Neither party shall use or disclose the others party’s confidential information except to the extend that such use or disclosure is necessary for the purposes of performing its obligations or exercising its rights under this agreement. Each party shall ensure that its officers and employees and any other persons to whom the confidential information is disclosed comply with the provisions of this clause.
The obligations on a party set out above shall not apply to any information to the extent that such information:
Is publicly available or becomes publicly available other than as a result of the act or omission of that party.
Was at any time developed by the receiving party independently of any disclosure by the disclosing party.
Is required to be disclosed by law or by order of a court of competent jurisdiction or other competent authority.
By signing the Terms & Conditions, the client acknowledges they will be contacted by email and/or post in relation to the management and communication of their account as reasonably relevant.
Emails can be opted out at any time by clicking the unsubscribe link.
Goods are sold on the understanding that they will only be used for their intended purpose. Goods are not to be supplied on a sale or return basis. No responsibility will be accepted by George Botanicals for damage or injury resulting in accidental misuse. All George Botanicals offers are subject to stock availability, and we reserve the right to restrict or refuse any order or application for credit at any time. We also reserve the right to obtain credit information where necessary. We take great care to ensure the accuracy of sizes, prices and specifications. Whilst such descriptions are given as a guide and in good faith, they are subject to alteration without notice. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming you order at the correct price or cancelling it.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English courts. If any part of these Terms is found to be void or unenforceable by any court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by construed in accordance with the laws of England and Wales.
Registered Address: The Grey Building, Stubbs Lane, Beckington, Somerset, BA11 6TE
Telephone: 01373 486650
Company Number: 11023167