Trading Terms and Conditions of Sale
In ordering products, especially seed and plants from
Scottish Origins LLP, the Buyer accepts the following terms and conditions;
Refund:
Where packaging is unopened: Scottish
Origins will refund
or replace any seed free of charge, provided the product was
'not
opened' and where the customer pays for the postage or delivery cost
in returning the product.
Where packaging is
opened but not sown:
Scottish Origins reserves the option to replace any
' defective' seed, before sowing, free of charge. Moth eggs may be present in some
wildflower seed mixtures and single species products, these do not constitute
defective product as we tend not to chemically treat our seed.
Where product is sown:
No refund will be available in respect of
any product after the product is sown and this shall be the limit of our
obligation.
We may replace seed if customers fail to grow our
seed, however this is at the discretion of Scottish Origins, occasionally, where a customer
has carried out all stages of site preparation and sowing correctly or due to
weather, weeds or unavoidable circumstances, we do replace seed because we stand
by genuine and proper attempts to grow wildflowers.
Scottish Origins will not replace seed for customers who sow
it on unprepared ground, without proper sowing or maintenance. If grass seed is
mixed with our seed we will not replace the mixture.
If an entire mixture fails
to grow, or grows and fails to perform over time, it is your fault, and not that
of Scottish Origins. Certain species always grow.
If one species fails to
grow in a mixture, it may be our fault. In such circumstances, Scottish
Origins will consider replacement.
Conditions of Sale:
Every effort has been made to supply horticultural 'wild origin' native Scottish
seed and plants of indigenous flora to the best of our ability and to the
highest standards that we can achieve.
Scottish Origins, the seller, is in no way responsible for any damage arising from the
use of any of our products be they seed, plants or advice, or in any failure in
the performance of or any defect in any products supplied by us.
In particular, seeds and plants, and parts of, are biological and therefore subject to
natural decay, wastage, biological attack and such which may be beyond our
control, in no way can we be held responsible for these natural processes having
effect on our products, furthermore, failure may be due to methods of storage
and transport to the customer, as supplied or used by a third party, or in the
handling and or storage by the customer of our products after delivery.
Failure or defect may also arise due to the horticultural treatment applied by
the end user to the horticultural products supplied by Scottish Origins, horticultural
treatment such as seed treatments, ground preparation, sowing methods, aftercare
and use of any chemicals or growth regulators, in addition environmental
conditions will also effect seed and plant products, therefore in no way can we
accept, be responsible or accept liability for for any damage arising from the use
of any or all of our products be they seed, plants or advice, or in any failure in the
performance of or any defect in any products supplied by us.
The giving or sending of an order constitutes an acceptance of these terms by
the buyer or customer.
Guarantee: In the case of live seeds and
plants, failure to grow does not imply the product was faulty. However Scottish
Origins will
replace seed to customers who operate and use or products in good faith, have
also followed our advice and will contact us as soon as a problem arises.
Wildflower seed can fail, especially if sown outside Scottish Origins' recommended sowing
periods, or where the soil is not clean of unwanted plants or weeds which will
effect the growth of the products we supply. Wildflowers can also fail due to
management or biological reasons beyond our control.
Offer: The buyer accepts the following terms
and conditions, or will notify Scottish Origins (Seller) regarding deviations prior to
confirmation of order.
Scottish Origins reserves the right to refuse to supply its products to any buyer for
whatever reasons.
Advice: The seller, Scottish Origins is not liable for
consequences of any type of technical or cultural information provided, as every
horticultural situation sown with wildflowers is different, the buyer should
verify and check advice. Buyers accept advice at their own discretion and
risk.
Dispatch: The seller only accepts an order
when it is dispatched (a weather clause applies) and none other will suffice,
under no circumstances will the seller accept an order until stock is mixed or
available at the moment of dispatch.
Price & species changes: Prices issued
are subject to alteration or withdrawal without notice. Price changes may be due
to harvest conditions or factors beyond our control.
Where mixtures change due to non-availability, the nearest suitable species will
be substituted.
If an item or mixture becomes out of stock the customer will be refunded or sent
the nearest item to suit the site.
Regulations: All seed, where applicable,
will comply with UK & EU Regulations, regarding mixtures, blends and the
normal rules of trade.
However be aware that Scottish Origins like most wildflower seed suppliers world wide,
Scottish Origins sells open pollinated and uncertified (by registration) seed and plants and
therefore is not a supplier for seed certified for agriculture, forestry or
horticulture. Instead we use Scottish native wild origin wildflower
un-certified germplasm which means we do not comply with UK and EU Regulations
(as of the time of writing 2005) for reasons that the EU and UK Government do
not have specific regulations regarding our products.
Credit Terms: No credit is allowed unless
expressed in writing and agreed with Scottish Origins prior to dispatch.
Resale: Scottish Origins products are not intended for resale to third parties and
are therefore not subject to
conditions of failure to the third party unless a resale agreement has been
requested and agreed prior to acceptance of an order placed with Scottish
Origins. The
reasons are simple, third parties are usually not equipped to handle seed or
plants in storage for a period of time beyond normal delivery and next day
sowing or planting, weather permitting.
Discount:
Discount is given to bulk or regular buyers and not given because they are
re-sellers of horticultural products.
Delivery: Where the cost of postage,
packaging, carriage or VAT alter, the customer will be charged or credited
accordingly. Any additional cost will be notified. Scottish Origins retains the
right to withdraw any offers of free delivery at any time.
Delivery time: All orders will be dispatched when ready, and not
before depending on season and availability. In all cases
allow up to 30 full working days in off-sowing times.
Courier and Postal: A third party delivers
our products, be it courier, standard post or other, once dispatched from
Scottish Origins, we
cannot be liable for delivery time only for tracking delivery. All our couriers promise next day
delivery to urban areas, please note rural addresses may take longer.
Acceptance:
Seed: Orders should be checked on receipt of
delivery. Wildflower seed or any seed products cannot be returned if the seals
are broken on the glued, gummed or sealed package containing the seed. Notify
Scottish Origins of intent to return within 3 days of delivery.
Plants: All plants can be returned on
inspection within 10 days provided notice is given within 3 working days from
receipt of delivery or are deemed accepted (seals may be broken.)
Responsibility of the Buyer: Liability
for the condition of seed, plant or design material remains the sole
responsibility of the buyer from the moment of acceptance of delivery until
returned.
Failure to receive or accept delivery without notifying Scottish Origins will cause the
buyer to accept liability for stock and become fully liable to charges
resulting in damage of stock.
Improper handling following delivery will also be the liability of the buyer. Third party
bailee will apply.
Consideration: All stock, seeds, plants and
designs remain the property of Scottish Origins until paid for in full. Any resultant growth
of unpaid for product is also the property of Scottish Origins. In such case for right of
access to the land to collect seed or remove plants is hereby now given by the
buyer for the purposes of this consideration and acceptance of terms of sale.
Disclaimer Genetically Modified Organisms (GMOs):
It is Scottish Origins policy not to engage in the production of 'GMO plant species'. If
GMOs cross-pollinate with our crops via the process of natural selection, cross
breeding or cross-pollination, Scottish Origins cannot nor will not take responsibility, as
we do not set out to produce GM crops. Where GMOs are found in our own crops or
is passed on to the consumer or end user through our products. Scottish Origins will bear no
responsibility for that/all, which may arise.
Legal title
and trade names:
Scottish Origins Limited Liability Partnership, trading as Scottish
Origins
VAT number 827 8545 89
'Scottish Origins - Landscape Ecology by Design' and 'Scottish Native Origin
Wildflowers' are
trading names
