Terms and Conditions

Definitions ‘Riverhill Garden Supplies’ Southern Planters Ltd t/a Riverhill Garden Supplies

Office Address 88 Queen Street, Kings Hill, West Malling, Kent ME194JP Telephone 01732 522471

E-mail mail@riverhillgardensupplies.com Website www.morethanpots.com

‘The Customer’

The person, company or organisation purchasing goods or services from ‘Riverhill Garden Supplies’, as shall be entered within the ‘customer’ section of all Company sales order/ecommerce/invoice documentation.

Company Background

Riverhill Garden Supplies is the trading name of Southern Planters Ltd and primarily operates as a pot supplier. Originally formed in 1999 and named after the location of the business premises on 'Riverhill' in Sevenoaks, Kent. Riverhill Garden Supplies trades to suit its trademark and is firmly established as a leading volume supplier within the UK pot industry. Through the steadfast maintenance of traditional values, extensive product range, customer support, honesty, value for money and debt-free trading, Riverhill Garden Supplies has attained an enviable reputation with customers and manufacturers alike. Our extensive product range is sourced from far and wide, including the UK, Europe and Asia.  All products are new (unless stated), offered in a wide range of quality, style and finish to suit most budgets and tastes. 

Southern Planters Ltd

Southern Planters Ltd was incorporated on 16/10/2012 under the joint directorship of J Aves and H Sen so that the different trading activities of Riverhill Garden Supplies (garden pots and planters) and Deliver me a Christmas Tree (Christmas tree delivery and services) could operate as the same company, Southern Planters Ltd. Southern Planters Ltd owns the domain names to four websites (see below). 

www.riverhillgardensupplies.com (The original website of the trading name Riverhill Garden Supplies since 1999).

www.morethanpots.com (The new mobile and tablet friendly website of the trading name Riverhill Garden Supplies since 2012).

www.delivermeachristmastree.com (The original website of the trading name Deliver me a Christmas tree since 2002).

www.delivermeachristmastree.co.uk (The new mobile and tablet friendly website of the trading name Deliver me a Christmas tree).

Overview Of Terms & Conditions

These terms and conditions shall apply to the sale and supply of pots by Riverhill Garden Supplies, to the entity hereby referred to as ‘The Customer’. Riverhill Garden Supplies means of good practice and retail compliance is primarily regulated by the ‘Consumer Protection (Distance Selling) Regulations 2000′, in addition to the ‘Sale of Goods Act 1979′ and other statutory instruments. This document contains references to the said regulations and has been supported with background information gained from the web sites of related parties, being; OFT (Office of Fair Trading), DTI (Department of Trade & Industry) and Trading Standards Central. Any order placed by ‘The Customer’ whether in person, by telephone, by mail or online (ecommerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive they are given to define and protect the due rights of both ‘The Customer’ and Riverhill Garden Supplies.

RETENTION OF TITLE/OWNERSHIP

1.1 Legal ownership of any goods supplied shall remain vested to Riverhill Garden Supplies, until such time that full payment of order/invoice monies has been received from ‘The Customer’.

1.2 Should the ‘The Customer’ obtain goods without making full payment, ‘The Customer’ accepts that Riverhill Garden Supplies retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the ‘The Customer’ grants Riverhill Garden Supplies unrestricted access to reclaim the goods, at which point the order cancellation process (section 7 below) shall be instigated. The saleable condition of the goods prior to any reclaim is sole the responsibility of ‘The Customer’.

PRICES

2.1 All pricing as shown upon Riverhill Garden Supplies literature and this web site are shown in (£) Pounds Sterling.

2.2 All pricing as shown upon Riverhill Garden Supplies literature and this web site are shown inclusive of the current prevailing rate of Value Added Tax (VAT). Southern Planters Ltd t/a Riverhill Garden Supplies VAT number is 144467406.

2.3 All pricing as shown upon any branded literature provided, i.e; manufacturer brochures, is provided for information only and does not form part of a sale. The Riverhill Garden Supplies web site (www.morethanpots.com|www.riverhillgardensupplies.com) pricing shall prevail and apply at point of sale.

2.4 All goods as priced, except those defined in 2.5, shall be supplied at a pallet or parcel cost of £11.99 per single item and £19.99 for 2 items or more unless stated when delivered to addresses in mainland locations throughout England, Wales and Scotland.

2.5 Our ‘free delivery’ pricing only applies to orders over £5000 and all UK locations. Individual product pages detail the free delivery area serviced upon a product-by-product basis.

2.6 For orders where 2.5 applies, Riverhill Garden Supplies shall notify ‘The Customer’ of; (a) whether their location is serviceable, and (b) any extra delivery or service charges.

2.7 Should ‘The Customer’ accept our revised service and pricing offered under 2.6 the order shall be revised and proceed. If declined, Riverhill Garden Supplies will cancel ‘The Customers’ order and refund all order monies received.

2.8 Riverhill Garden Supplies pricing is reviewed upon a calendar monthly basis, but revisions will be applied at any time for; (a: increases) material and manufacturer price rises, or (b: reductions) offers or promotions as defined.

2.9 Riverhill Garden Supplies reserve the right to offer ‘The Customer’ reduced pricing should they; (a) use a voucher code, (b) offer volume incentive, or (c) offer other incentive where discretion can be applied.

2.10 Riverhill Garden Supplies cannot retrospectively apply pricing changes once an order has been fully processed.

2.11 ‘The Customer’ cannot retrospectively apply a voucher code to an order once it has been fully processed.

2.12 Prices stated on pro-forma invoices issued by Riverhill Garden Supplies are only valid until the valid date stated on the pro-forma. Pro-forma orders where payment is received after the valid date may be rejected if the product price has changed. Upon rejection, any payment received will be duly returned.

PAYMENT

3.1 Riverhill Garden Supplies standard payment terms are full payment with order.

3.2 Payments are only accepted in (£) Pounds Sterling.

3.3 Payments are only accepted by the following means; company cheque or bankers cheque (made payable to ‘Southern Planters Ltd), BACS (electronic banking), Visa, MasterCard, Visa Delta and Electron.

3.4 Upon cheque-based orders, goods shall not be released until such a cheque passes clearance and the funds credit Southern Planters Ltd bank account.

3.5 Riverhill Garden Supplies actively strive to prevent credit/debit card fraud. All card-based orders without exception are subjected to cardholder name, address and other security checks as deemed essential.

3.6 Riverhill Garden Supplies retain the right to undertake any third party search as necessary, such as via ‘Riverhill Garden Supplies’ card processing organisation, to satisfy that ‘The Customer’ card details are valid.

3.7 It is the responsibility of ‘The Customer’ to always provide their registered cardholder address when requested. Any processing delays caused by incorrect data provision will not be at the fault of Riverhill Garden Supplies.

3.8 Riverhill Garden Supplies reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of a package deal or offer.

3.9 Riverhill Garden Supplies reserves the right to reject orders should details supplied by ‘The Customer’ fail to pass security checks detailed in 3.5 and 3.6

DELIVERY

4.1 Riverhill Garden Supplies shall aim to fulfil all orders at the earliest opportunity subject to 4.3, using the distribution infrastructure provided by the manufacturer of the branded product chosen.

4.2 Riverhill Garden Supplies delivery periods as published are given in good faith and are anticipated, based upon manufacturer guidance. Delivery can occur sooner or later than the anticipated timescales.

4.3 The delivery period will commence from point of cleared payment, thus (a) next working day upon card-based orders, and (b) clearance of funds upon cheque-based orders.

4.4 Delivery periods are provided in working days (i.e; 20 working days = 4 weeks), to account for the incidence of public holidays and that manufacturers transport typically operate weekdays only.

4.5 Deliveries are made weekdays only (weekends on request), typically during the hours of 7.00am to 7.00pm, however this can vary by manufacturer. 

4.6 If delivery is outsourced the party delivering on behalf of Riverhill Garden Supplies shall be instructed to contact ‘The Customer’ to advise a delivery date near the term of their order. Notice may vary between 1 and 5 working days.

4.7 Product delivery (supply only) shall be to kerbside or driveway only. It is at the discretion of the carrier or delivery driver, should they decide to transit the goods to an alternative point upon the property of ‘The Customer’.

4.8 As Riverhill Garden Supplies is not the manufacturer of the branded products, it cannot be held responsible for delay in delivery caused by; (a) the manufacturing process, or (b) third party such as a contracted carrier.

4.9 Should the delivery period extend beyond (whichever is longer) that published, subsequently notified or 30 days after the date of order (as section 19 of the Distance Selling Regulations) ‘The Customer’ can cancel their order without penalty.

4.10 It is the responsibility of the ‘The Customer’ to provide free and unobstructed access for product delivery and subsequent usage. Any failed, abortive or return delivery charges shall be recovered from ‘The Customer’ at cost.

4.11 ‘Riverhill Garden Supplies’ products can be large that will not fit through a pedestrian door. As 4.10, it is the responsibility of ‘The Customer’ to notify any access concerns to Riverhill Garden Supplies at point of order.

4.12 In the interests of Health & Safety for Riverhill Garden Supplies employees, manufacturers or contractors, on delivery our bulky products shall not be; (a) lifted over walls, fences etc, and (b) transited to other floors other than highway level.

4.13 All delivered goods have to be signed for (POD) by the ‘The Customer’ or their appointed representative, at which point responsibility and risk of the goods (not title if unpaid) shall pass to ‘The Customer’.

4.14 If ‘The Customer’ cannot be in attendance on delivery, prior written authority and acceptance of responsibility to leave the unattended product must to sent to mail@riverhillgardensupplies.com

4.15 Riverhill Garden Supplies will not bear any abortive costs arising from ‘The Customer’ due to a failed delivery, as the delivery process is operated by each manufacturer beyond the control of Riverhill Garden Supplies.

4.16 “Expected”, “Typical”, “Anticipated” and “Estimated” delivery dates stated on the Riverhill Garden Supplies website and associated literature do not imply guaranteed delivery dates.

4.17 Where a ‘premium delivery service’ is arranged (not available on all products) it is the responsibility of ‘The Customer’ to provide working daytime contact telephone number(s). Failure to do so may result in delays to the expected delivery.

4.18 Should a ‘premium delivery service’ fail to occur on the expected date Riverhill Garden Supplies shall reimburse the cost of the ‘premium delivery charge’. Reimbursement will be limited to the ‘premium delivery service’ fee paid by ‘The Customer’ at the time of ordering. See also 5.7 and 5.8

4.19 The ‘Premium delivery service’ is subject to real-time stock levels at our manufacturers. Should Riverhill Garden Supplies be unable to provide the ‘Premium delivery service’ due to low stock levels, the ‘premium delivery service’ fee shall be refunded to the customer. See also 4.18

4.20 It is the duty of ‘The Customer’ to make themselves available to be contacted prior to delivery. Should Riverhill Garden Supplies or its chosen agent is unable to contact ‘The Customer’ the delivery of the order will be adversely affected.

4.21 Riverhill Garden Supplies is not liable for delivery delays or failures caused by factors outside of Riverhill Garden Supplies control including “Acts of Nature”, adverse weather conditions, road accidents, vehicle breakdown or personal illness. See also 4.18 and 4.20

4.22 Delivery shall only be made to a registered residential or commercial address. Delivery will not be made to an allotment, car park, waste ground etc.

SHORTAGES/DAMAGE

5.1 ‘The Customer’ shall inspect the goods and notify Riverhill Garden Supplies within 12 hours after the receipt of any shortages or damage to the said goods.

5.2 Shortage or damage should be reported with detail, either in writing to ‘Riverhill Garden Supplies’ office address, by email to mail@riverhillgardensupplies.com or by telephone on 01732 522471.

5.3 Upon approved claims within the period defined in 5.1, the manufacturer will forward the replacement products usually within 5 to 10 working days, subject to stock level.

5.4 Guarantee claims made by ‘The Customer’ after the period as defined in 5.1, shall only be considered at the discretion of the manufacturer and not Riverhill Garden Supplies.

5.5 All statements made relating to guarantee periods are to be honoured by the relative manufacturer. Riverhill Garden Supplies shall assist with any guarantee claim but shall not bear responsibility.

RETURN (CANCELLATION)

6.1 All goods are newly manufactured for sale or to order, as described upon Riverhill Garden Supplies web site (unless stated). We do not retail seconds or ex-display products, thus a return should be considered unlikely. 

6.1B All sizes stated on the website are as a guide only. Please allow uo to a 10% difference on all hand thrown pottery. 

6.2 A return or cancellation of supply only goods can be instructed up to 28 working days after the date of delivery

6.3 Riverhill Garden Supplies has no right to cancel at any time should their order include a personalised requirement i.e; made to order, optional fixtures, adaptations or preferences.

6.4 The statement in 6.3 is formed from the ‘Exceptions to the right to cancel’ section 12, part c of the Distance Selling Regulations; which refers to “goods made to the customer’s specifications….”.

6.5 A return or cancellation should be made in a durable means as defined by part 10 of the Distance Selling Regulations being; either in writing to Riverhill Garden Supplies office address or by email to mail@riverhillgardensupplies.com

6.6 It is the responsibility of ‘The Customer’ to meet all product return costs by their own arrangement. Stated, to comply with section 7, part 2aii of the Distance Selling Regulations.

6.7 It is the responsibility of ‘The Customer’ to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of; Riverhill Garden Supplies, the manufacturer or a carrier appointed by either.

6.8 All return costs sought by Riverhill Garden Supplies shall be deducted from the order monies held, thus any refund to ‘The Customer’ shall be passed less this return charge.

6.9 Return costs are not fixed and are based upon variables such as product and location. Typical return costs begin at £39 for a pallet.

6.11 Riverhill Garden Supplies will not profit from any return charges received from ‘The Customer’. A return charge will always equate to the cost Riverhill Garden Supplies expended.

6.12 Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined in 6.6 to 6.11, shall be made in a period not exceeding 30 days, as Section 13, part 3 of the Distance Selling Regulations.

6.13 Statute states that a product should be returned in its original condition, thus fit for re-sale as new.

6.14 Riverhill Garden Supplies is not liable for damages or issues caused by factors outside of Riverhill Garden Supplies control including “Acts of Nature”, adverse weather conditions, flooding, vandalism or accidental damage.

REJECTED GOODS (CANCELLATION)

7.1 All goods are ready for sale or to order, as described upon Riverhill Garden Supplies web site. We do not retail seconds or ex-display products, thus rejected goods are an extremely rare event (unless stated).

7.2 Should ‘The Customer’ wish to reject their goods through fault or damage, this must be undertaken within 12 hours after the receipt of delivery (except 7.4), as defined by section 11, part 2 of the Distance Selling Regulations.

7.3 ‘The Customer’ should notify Riverhill Garden Supplies of their rejection of the goods by durable means as defined by part 10 of the Distance Selling Regulations; either in writing to Riverhill Garden Supplies office address, by email to mail@riverhillgardensupplies.com or by telephone to 01732 522471.

7.4 ‘The Customer’ has no right to reject at any time should their order include a personalised requirement i.e; optional fixtures, adaptations or preferences. In this case section 6. Shortages / Damage would apply.

7.5 The statement in 7.4 is formed from the ‘Exceptions to the right to cancel’ section 12, part c of the Distance Selling Regulations; which refers to “goods made to the customer’s specifications…”.

7.6 It is the responsibility of ‘The Customer’ to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of; Riverhill Garden Supplies, the manufacturer or a carrier appointed by either.

7.7 For justified rejection, Riverhill Garden Supplies shall be bear all return costs, being the limit of liability for a rejection.

7.8 If on return the product is found to be sound, complete and as described for sale, the return charge process 6.6 to 6.11 will apply and be deducted from the order monies held.

7.9 If on return the product is found to be have been abused or damaged whilst on site, or having been erected, Riverhill Garden Supplies shall retain the right to deduct from the order monies held any losses levied by the manufacturer.

7.10 Riverhill Garden Supplies will not profit from any return charges received from ‘The Customer’. A return charge will always equate to the cost ‘Riverhill Garden Supplies’ expended.

7.11 Reimbursement (refund) of rejected order monies, less charges defined in 8.8 to 8.10 if due, shall be made in a period not exceeding 30 days as Section 14, part 3 of the Distance Selling Regulations.

7.12 (As 6.13) Statute states that a product should be returned in its original condition, thus fit for re-sale as new. We shall therefore reject the return of any product where assembly has been commenced, thus rendering the product as ‘used’.

COMPLAINT

8.1 In the event of any complaint or grievance, ‘The Customer’ should initially make contact by telephone on 01732 522471, followed by a formal email complaint to mail@riverhillgardensupplies.com or letter to Riverhill Garden Supplies office address.

8.2 For efficient handling, ‘The Customer’ should state upon all correspondence; (a) their name, (b) their address, (c) their sales invoice number, (d) the product, and (e) a description of their complaint.

8.3 We shall endeavour to promptly resolve any complaint and/or respond with our stance. Should a response not be received within 5 working days, please send a “Second Request” for the attention of The Manager.

8.4 It is the intention of ‘Riverhill Garden Supplies’ to resolve any dispute fairly, amicably and to the satisfaction of all parties concerned at the earliest opportunity.

PRIVACY

9.1 We are committed to protect and respect customer privacy.

9.2 We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

9.3 Any personal details given by ‘The Customer’ shall not be passed or made available to any other company, organization or third party with the exception of 9.4.

9.4 To enable us to efficiently fulfil your custom, ‘The Customer’ contact name, telephone number and address shall be passed to our delivery companies to enable direct delivery and communication.

9.5 Riverhill Garden Supplies shall only use ‘The Customer’ telephone and email contact details when deemed appropriate and necessary to discuss and fulfil their order.

9.6 Riverhill Garden Supplies will not pass to any third party the details of the subscribers of Riverhill Garden Supplies email newsletter.

9.7 Subscribers of Riverhill Garden Supplies email newsletter retain the right to be removed from our database at any time by selecting the ‘unsubscribe’ function at the base of any newsletter received.

9.8 Riverhill Garden Supplies will not contact any previous customer post-sale for marketing purposes.

SECURITY

10.1 For customer security of sensitive information, Riverhill Garden Supplies web site operates a secure e-commerce automated payment process, approved by all UK banks.

10.2 Riverhill Garden Supplies secure encrypted environment is held upon a certified secure server, operated by Mr Site Ltd (a UK company).

10.3 Riverhill Garden Supplies server facility operates to a 128bit level of encryption, the strongest commercial level of secure encryption currently available.

10.4 All personal data entered via this web site by ‘The Customer’ will always be stored or transferred using the same 128bit level of encryption.

REVIEWS

11.1 All reviews placed via email or our web site shall remain anonymous. No personal contact details shall be shown.

11.2 As reviews are anonymous we’re unable to reply, thus no order specific content should be submitted.

11.3 For all orders we may issue ‘The Customer’ with an email ‘review reminder’, 40 days after transaction.

11.4 We retain the right to correct grammar upon any review, but not the content.

11.5 All reviews submitted are subject to ‘Riverhill Garden Supplies’ vetting. We retain the right to approve, disapprove or display at our discretion.

11.6 For continuous product improvement and monitoring, we reserve the right to forward any review to the product manufacturer.

11.7 To ensure we receive genuine product feedback, only ‘The Customer’ has the ability to submit a product review.

MISCELLANEOUS

12.1 If ‘The Customer’ wishes to amend their order post-sale (i.e; after order processing), a nominal £15 ‘Administration Charge’ may be levied to account for the manual handling of all documentary and payment revisions in line with any post-sale ‘Customer’ instructions; extra-over to any material or service cost adjustments/revisions.

12.2 Should the product ordered by ‘The Customer’ become unavailable, Riverhill Garden Supplies reserves the right to arrange the supply of an alternative product of a similar nature and value where appropriate or to arrange a refund for ‘The Customer’.

12.3 It is the responsibility of ‘The Customer’ to take reasonable care during the assembly and use of the product(s). Riverhill Garden Supplies shall not be held liable for any damage or personal injury caused by misadventure, negligence or misuse of the product(s).

LAW

13.1 These terms and conditions shall be interpreted in accordance with UK Law.

13.2 All sales conducted through Riverhill Garden Supplies are subject to these terms and conditions.

 

Contact and Delivery Information | Telephone 01732 522471 E-mail mail@riverhillgardensupplies.com

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