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Terms and Conditions

1. Definitions

2. General

3. Samples

4. Description 

a). Measurements

b). Colours

5. Variation

6. Carriage/Shipping and Passing of Risk

a). Failed Deliveries

b). Delivery Prices and Destinations

7. Force Majeure

8. Catalogues, Prices etc.

9. Quotations

10. Orders

11. Liability

12. Returns and Cancellations

a). Shortages

b). Re-Stocking

c). Cancellations

13. Fraud

14. Complaints

15. Changes to these Terms and Conditions

16. Legal Notice

17. Applicable Law

 

Definitions

'The Company' means Just Artificial Limited and 'the Customer' means the person, firm, company or corporation who orders, purchases and/or contracts to order or purchase goods off the Company.

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General

These terms and conditions apply in preference to and supersede any terms and conditions referred to, offered to or relied on by the Company whether in negotiation or at any stage in the dealings between the Company and Customer with reference to the goods which this contract relates. Without prejudice to the generality of the foregoing, the Company will not be bound by any document or printed term furnished by the Customer in any of its documents, unless the Customer specifically states in writing separately from such terms that it intends such terms to apply and the Company acknowledges such notifications in writing.

These terms and conditions do not affect your statutory rights.

The products/goods are and will remain the property of Just Artificial Limited until the goods have been paid for in full. 

All prices are excluding planter(s), top dressings, props etc. unless specified in the item description. 

Goods are not sold on a trial, hire or loan basis.

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Samples

We get a lot of requests for samples, to make it fair for all and keep our costs down we recommend a sale or return basis.This is where you purchase one unit of an item and if not suitable return it within 3 days, at your cost for a full refund on the product (but not any P&P costs either way). Notwithstanding that a sample of the goods has been exhibited to and inspected by the buyer, it is hereby declared that such a sample was so exhibited and inspected solely to enable the buyer to judge for himself the quality.

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Description

The description of the goods has been given by the way of identification only and the use of such description shall not constitute sale by description.

Measurements

All measurements are approximate, mainly due to the nature of some items using natural stems and depending on how the foliage and branches are shaped. In general most potted plants and trees are measured from the floor/bottom of the pot to the top branch. Unpotted items may include the stem in the measurement although we try to make it clear by stating the length from the stem or the length of the stem. Most stemmed flowers are measurements from the bottom of the stem to the top of the flower head. Typically most widths will be measured at the widest point. If overall dimensions are critical to your purchase please contact us first to help check suitability. 

Colours

Whilst we endeavour to naturally reproduce the colours of the products accurately in the images shown on our website, we cannot guarantee that your computer and monitor's settings will display any colours/products exactly the same. The words we use to label colours on our products may be subjective to personal opinion - some definitions on colours (for example Lavender, Lilacs, Purples, Mauves etc.) are difficult to generally catergorise to match everyones opinion. 

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Variation

Neither the Customer nor the Company shall be bound by any variation, waiver of, or addition to these conditions except as agreed by both parties in writing and signed on their behalf.

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Carriage/Shipping and Passing of Risk

Any dates and times quoted for delivery are to be treated as an estimate and the Company shall not be liable whatsoever for failure to deliver by such date or time.

The risk of goods will pass to the Customer at the time of despatch from the Companies premises so that they will be at the buyers risk during transit and thereafter. We take great care packing orders and use reputable couriers, however if it is not possible to check goods on delivery please sign the delivery note as ‘damaged’, so that in the unlikely event that any damages have occured during transport we can claim with the transport company.

 VERY IMPORTANT - The driver will normally require a signature, if you leave a signed note for the courier to leave the goods in a safe location you do so entirely at your own risk as to the state and safe keeping of the product. Just Artificial Limited and our courier companies used can take no responsibility for goods that are not checked or signed for at the time of delivery.

If in the unlikely event that your goods arrive damaged please refuse delivery. Please note that damages to packaging do not necessarily mean that the contents will be damaged - please check!

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Failed Deliveries

It is your responsibility to provide an accurate and complete delivery address and for the delivery address to be accessible to our courier. Should any items be returned to us due to incorrect delivery addresses supplied or the courier not being able to complete the delivery due to inaccessibility or no one being in, we reserve the right to charge an additional delivery cost to re-deliver. In the instance of an initial failed delivery our couriers should leave a card with instructions and attempt a second delivery the next working day before returning items back to us. For Royal Mail deliveries they should leave a card and take it back to your local depot where they will hold it for a week before returning it to us. It is your responsibility to contact either us, the courier or Royal Mail before the goods get returned to us.

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Delivery Prices and Destinations

The product prices shown on the website exclude all delivery charges. Delivery charges are shown in your basket as your order progresses and are for UK mainland destinations (*see below). If the delivery address is not UK mainland you can still complete and make payment for your order, then on receipt of your order (if the delivery costs are higher than you have paid) we will either email or telephone you with the extra delivery cost payable. At this point we would ask you to tell us if you wish to proceed with the order on that basis or cancel it. We can deliver goods locally, Nationally, Internationally and WorldWide. With prior arrangement you can collect goods in person from our showroom. In this case it is essential you contact us first encase we don't have all your items etc.and to save a wasted journey.

Bespoke items, large trees and pre potted products (i.e. in GRP planters) may vary from our standard above amount and will be charged at cost. We strongly recommend that pre potted trees be delivered on pallets as this reduces the risk of damage. MDF Pots and very large items are also recommend to travel on a pallet (we can advise). European, International and WorldWide Deliveries will be charged at cost, which will be the best price we can find at the time, based on the packaging sizes and weights.

Goods will be despatched by the most convenient means unless otherwise agreed in writing/by e-mail. Our standard delivery charges (shown before placing your order) apply only to mainland UK, *EXCLUDING THE FOLLOWING AREAS; Highlands, Channel Islands, Republic of Ireland and the following mainland UK post code pre-fixes: AB, IV, KW, PA, PH, BT, HS, KA, ZE, IM. For carriage prices in any of these areas or outside these areas please call for a quote and we will endeavor to get the best prices.

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Force Majeure

We shall not be responsible for loss arising from delay or failure to deliver arising from causes beyond our control.  These include Act of God, war, civil disturbance, riot, industrial action or dispute, natural calamity, controls, restrictions or prohibitions of Government or other competent authority, fire, flood, lockouts, accidents, defective materials, sabotage or non-availability of materials, delay in receipt of raw materials or bought in goods or components or any other cause beyond the reasonable control of the Company. If delivery is delayed by any of the previous a reasonable extension of time for delivery shall be granted and the Customer shall pay such reasonable extra charge as shall have been occasioned by the delay.

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Catalogues, Prices etc.

Catalogues, brochures and price lists and all other advertising matter are only an indication of the type of goods offered by the Company - they shall not constitute a sale by description.  All prices therein are intended to be correct at the date of publication but are subject to increase, alteration or withdrawal without notice. All our prices are shown for clarity both including VAT and excluding VAT at the current prevailing rate. VAT is payable on all products and sales. For EU customers able to provide a valid VAT number please contact us prior to ordering, to see if we are able to supply you excluding VAT.  

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Quotations

All quotations and estimates issued by the Company are, unless otherwise stated, based on the current cost of production (materials, wages and hours) and are subject to amendment on or after acceptance to meet any rise or fall in such cost between the date of quotation and the last date of delivery of the goods. Any variation to price quoted as a result of government taxes and levies will be for the Customers account.(b) All quotations and estimates are valid for 30 days, unless stated differently. (c) Written confirmations required for all orders and the Company accepts no responsibility for incorrect deliveries if this is not received. (d) In some instances, at the Company's discretion, a percentage deposit will be required with the order.

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Orders

(a) Verbal orders must be confirmed in writing within 24 working hours. (b) If the Customer cancels any bespoke or custom made order before its completion the Customer shall immediately thereupon become liable to pay to the Company a sum equal to the cost of the labour, materials and overheads expended in the execution of the said order up to and including the date of the receipt of such cancellation, plus the amount of the profit which the Company would have made but for such cancellation.

Items that are ordered as bespoke items or made to order items including any goods or stock bought in especially to fulfil the order or other such items are not eligible for refund or return under any circumstance.

All quotations are made and all orders are accepted subject to the following terms and conditions. Any terms and conditions contained in any acceptance of this quotation which vary, are contrary to or additional to those herein contracted shall be void and of no effect.  A Customer wanting to change any reasonable amendment of those terms should communicate with the Company before accepting the quote.  No amendment of these terms will be valid unless made in writing and signed by Just Artificial Limited.

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Liability

(a) No liability whatsoever shall be incurred by the Company in respect of any representation related or referred in any way to (i) the correspondence of the goods to any description or (ii) the quality of the goods or (iii) the fitness of the goods for any purpose whatsoever. (b) No liability whatsoever shall be incurred by the Company to the Customer in respect of any express term of the contract whether a condition, warranty or intermediate stipulation (including any liability arising from the breach of such term) where said terms related or refers in any way to (i) the correspondence of the goods to any description or (ii) quality of goods (iii) the fitness of goods for any purpose whatsoever. (c) All implied terms and conditions or warranties statutory common law or otherwise as to (i) the correspondence of the goods to any description of (ii) the merchantable quality of goods (iii) the fitness of the goods for any purpose whatsoever (whether made known to the Company or not) are hereby excluded from the contract. (d) Whilst every effort is take to ensure that real timber parts are used are ‘sound’ at time of manufacture, no responsibility can be accepted for subsequent defects becoming apparent. It is strongly advised that all the plants should be regularly maintained and especially with tree in excess of 3m also regularly checked for minor defects affecting the safety of the tree (e) The Company accepts no responsibility for rusting of plant components, especially when used in areas of high moisture content such as swimming pools, external areas or when the flame retardant solutions have been applied. The Company makes no warranties, guarantees or claims to the length of time any product will last, especially when placed outdoors or in direct sunlight/UV rays or behind glass windows which may reduce the lifespan and colour fastness of most of our products materials. 

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Returns and Cancellations

All items are inspected prior to dispatch. In accordance with the Distance Selling Regulations 2000 if for any reason you are not happy with any* of your order and want to return any* item(s) please contact us within 48 hours by email or telephone, to advise us stating the reason for return prior to returning any item(s). It is recommended you retain all packaging in this situation as we cannot send out extra packaging for returns without charge. If for any reason we have to, we will deduct the cost of doing this from your refund.

Purchases made where the goods have been seen prior to purchase (either in person or with samples) can only be returned if deemed to be found faulty.

It is your responsibility to return any product(s) back to us in their original packaging, stating your reason for return. See our contact us page for our address. Refunds can only be given if the goods are returned to us as received within 7 days and are undamaged. Goods must be returned at the customers cost. Carriage will not be refunded. We reserve the right to deduct our original delivery cost in sending the product to you, from your refund. You are responsible for ensuring safe delivery of the returned goods. We are unable to give refunds for any goods not received by us. You must take out adequate insurance. On receipt and inspection of the returned item(s), assuming they are received in their original unused condition, we will pass all the details to our accounts department to arrange any refunds. Items returned in a used, altered or damaged condition will not be refunded. Any refunds due will be given within 30 days of receipt of any returned item(s). 

       *Items that are ordered as bespoke items or made to order items including tailor made, personalised, custom built, products that have been bonded and/or planted into planters/containers or modified in any way at the Customers request including any goods or stock bought in especially to fulfil the order where we would not normally keep the ordered quantity in stock are not eligible for refund or return under any circumstance.

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Shortages

All shortages and damages must be notified in writing/email within 24 hours of receipt of goods.

Re-Stocking

The Company reserves the right at our discretion to charge a 5% restocking fee for certain returns that cost us significant time to re-stock, should we feel it necessary. We would advise you of this at the time you contact us prior to returning any items not faulty and the fee would then be deducted from your refund. Please note this fee will not always apply.

Cancellations

For purchases made online where the goods have not previously been seen or sampled you have a 7 day cooling off period from the date of delivery to cancel your order for any reason. The above Returns policy will apply in full in relation to charges, refunds, bespoke items and possible re-stocking charges.

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Fraud

We take fraud very seriously and any fraudulent use of our website or transactions that are fraudulent will be reported to the police and any relevant authorities. Any form of attempted hack will also be reported to the authorities and we will take legal action against and also seek to recover damages from any person(s) found doing so. 

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Complaints

At Just Artificial we want you to be happy with your purchase and our service. We pride ourselves on providing a first class service right from your first point of contact, through to delivery and after sales. If you are unhappy about our products or the way we have treated you in any way then please tell us at the earliest opportunity. We will do our best to resolve any problems in a quick, fair and equitable manner for all concerned.

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Changes to these Terms and Conditions

Just Artificial Limited reserves the right to change the terms of this agreement at any time without notice by posting a revised page on our website. The terms of our contract with you will be based upon those terms and conditions current at the time you placed your order.

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Legal Notice

This website, the design, all content and data within in it are © Just Artificial Limited. All images are either © Just Artificial Limited or have been used with the express permission of the copyright holder and under no circumstances may any of the images be copied, re-used, downloaded, reproduced without the express written permission of Just Artificial Limited or the copyright holder unless the image use is for the sole purpose of making a purchase from Just Artificial Limited. Upon completion of said purchase or, should you decide not to proceed with a purchase from Just Artificial Limited, then the image must be deleted immediately and not used or stored in any further way.

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Applicable Law

Just Artificial Limited is a company based and registered in England. These terms and conditions are governed by the laws of England. All disputes arising out of your access to this website or any transactions resulting from such use, including (without limitation) all contractual and other relationships are subject to the exclusive jurisdiction of the English courts.

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