Welcome to TERRA- LEAF LTD! By using our website (terra-leaf.co.uk) and purchasing our products, you agree to comply with the following terms and conditions. Please read them carefully before placing an order.
I. GENERAL PROVISIONS
- These Terms and Conditions define the rules for using the Store operated by the Seller by Users, including Buyers.
- The Terms and Conditions are made continuously available on the Store’s website in a way that allows Users to obtain, reproduce and record their content.
II. DEFINITIONS
The terms used in these Terms and Conditions shall have the following meanings:
- Seller – TERRA-LEAF LTD, a company incorporated in England and Wales with company number 16514534, having its registered office at 5 London Lane Court, London E8 3FU, telephone: +44 07388626578, email: help@terra-leaf.co.uk, who, in the course of carrying on business activities, sells goods or provides services through the Shop.
- Shop – the collection of web pages and IT tools (online service) managed by the Seller and enabling Users to enter into Sales Contracts or Service Contracts, accessible at the internet domain: https://terra-leaf.co.uk
- Buyer – a User who has entered into a Sales Contract or Service Contract through the Shop.
- Sales Contract – a contract concluded in the Shop on the terms set out in these Terms and Conditions between the Seller and the Buyer, the subject matter of which is the sale of goods to the Buyer.
- Service Contract – a contract concluded in the Shop on the terms set out in these Terms and Conditions between the Seller and the Buyer, the subject matter of which is the provision of services by the Seller to the Buyer.
- Contract – includes both Sales Contracts and Service Contracts.
- Terms and Conditions – these Shop Terms and Conditions.
- Materials – information contained on the Shop’s web pages, including but not limited to names and descriptions, photographs and graphic illustrations of goods, manufacturers’ designations of goods.
- User – an internet user who uses the Shop, who purchases or intends to purchase goods or services presented by the Seller through the Shop.
- Newsletter – a service provided by the Seller consisting of sending information electronically, including commercial communications, relating in particular to the Seller and its products, the e-commerce industry, news, promotions and commercial offers.
III. GENERAL TERMS AND CONDITIONS FOR USING THE STORE
- A User who is a natural person may use the Shop provided they have full legal capacity to enter into legal acts.
- A User who is not a natural person may use the Shop through persons authorised to act on their behalf, subject to the provisions contained in the section REGISTRATION IN THE SHOP, paragraph 4.
- Users may access the Shop through internet-enabled devices (computers, mobile phones) using a web browser.
- Users are obliged to provide true, current and complete information in the forms referred to in the section REGISTRATION IN THE SHOP, paragraphs 2 and 3, and to comply with the terms of these Terms and Conditions. Information provided by Users must not infringe applicable law or the personal rights and rights of third parties.
- Use by Users of the Seller’s name, the Shop’s logo, Materials and other components of the Shop (including graphic elements of the Shop and the layout and composition of the Shop) is prohibited except in situations expressly indicated in these Terms and Conditions or where use of the copyright works and industrial property rights referred to in this paragraph is permitted on the basis of express written consent from the Seller or authorised third parties (including manufacturers or distributors of goods or services). Users are prohibited from undertaking any actions aimed at reproducing the Shop, including in particular on websites and internet domains associated with the User.
IV. STORE REGISTRATION
- Users have the option to:
- use the Shop, including entering into Contracts, without the need to register, or
- register with the Shop
- Entering into a Contract for the purchase of goods or services without prior registration with the Shop is possible, subject to other provisions of these Terms and Conditions, upon fulfilment of the following conditions:
- correct completion of the electronic online form available on the Shop’s website by providing the required information,
- acceptance of these Terms and Conditions.
- Registration with the Shop is only possible for Users who have reached the age of majority and requires fulfilment of the following conditions:
- provision of true contact details.
- acceptance of these Terms and Conditions.
- By registering, the User consents to the processing of personal data for the proper provision of the Service, and in particular to their transfer to Partners who are carriers providing delivery services.
- In the case of a legal entity or organisational unit without legal personality, registration with the Shop, as well as all other activities of such entity in the Shop, may only be carried out by a person who is authorised to perform on behalf of such entity all activities related to using the Shop (including registration) and to exercise all rights and obligations of such entity as a User (including as a Buyer).
- The Seller may require verification of information provided by the User, including in case of updates to User information, by sending required documents to the Seller.
- In the event of any change to User information provided during registration, the User should update such information before entering into the next Contract, using the appropriate form available in the Shop.
- By registering a User Account, the User accepts the processing of their personal data in accordance with the Privacy Policy, which forms an integral part of these Terms and Conditions, and in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), for the purpose described in paragraph 8 below. Providing personal data on the registration form is voluntary, however it constitutes a necessary condition for the provision of services to the User under the contract.
V. PLACING ORDERS IN THE STORE – CONCLUSION OF THE CONTRACT
- When browsing the Shop pages, particularly those presenting goods, services and delivery costs, Users have the opportunity to familiarise themselves with their description, features, technical specifications, price, delivery cost and additional charges. The Seller undertakes to present clear and reliable information on the above pages enabling Users to familiarise themselves with the offer.
- Before placing an order, Users add selected goods or services they intend to purchase to a virtual basket. The virtual basket is a tool enabling Users to aggregate selected goods/services before purchase, calculate the value of goods/services collected in the basket and calculate delivery costs. When selecting goods/services, Users may freely manage the basket contents by adding further goods/services to the basket or removing them from the basket.
- After final selection of goods/services intended for purchase, Users are directed to an online form for placing orders in the Shop. The order form may consist of component forms used to specify:
- delivery address,
- method of delivery,
- method of payment for goods/services.
- Placing an order constitutes an offer within the meaning of contract law, made by the User to the Seller. Upon receipt of an order, the Seller verifies whether the order has been placed correctly (in accordance with the provisions of these Terms and Conditions). If the Seller determines that an order has been placed incorrectly, the Seller will inform the User accordingly.
- After placing a correct order, the Seller promptly sends the User information about acceptance of the order (acceptance of offer) to the email address provided when placing the order or during registration. A contract for given goods or services is concluded at the moment the Seller sends the User information about acceptance of the order.
- In the case of Service Contracts, the Seller will notify the Buyer before they place an order of the minimum period for which the Contract is to be concluded, if it concerns continuous or periodic performance.
VI. PAYMENT METHODS
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- Customers are obliged to pay the price for goods/services ordered in the Shop, including delivery costs, no later than 7 days from the date of purchase, except where payment is made on delivery.
- Payment for ordered goods or services can be made using one of the available payment methods:
- Bank transfer
- Electronic payments (Faster payments)
- PayPal
- PayPal payment cards (Visa, Visa Electron, Mastercard, Mastercard Electronic, Maestro)
The entity providing online payment processing services is PayU S.A.
Detailed information about payments can be found on the “Payment Methods” page.
- All prices in the Shop are gross prices inclusive of VAT. Delivery costs for goods/services to Users are stated separately on the “Delivery Times and Costs” page.
- Users purchase goods and order services according to prices and delivery costs applicable at the time of placing the order. The amount of delivery costs depends on the delivery method selected by the User.
- The Seller reserves the right to change prices and delivery costs, particularly in case of changes to price lists of services provided by entities carrying out deliveries. This provision does not apply to successfully placed orders.
VII. DELIVERY
- Delivery of Products is available within the United Kingdom. Details regarding deliveries are available on the Shop’s website in the “Delivery Times and Costs” section.
- Delivery of Products to Customers is chargeable unless the Sales Contract provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to Customers on the Shop’s pages in the information section concerning delivery costs and during order placement, including at the moment when the Customer expresses their intention to be bound by the Sales Contract.
- The Seller provides Customers with the following delivery methods:
- Courier delivery, cash on delivery courier service.
- Delivery to parcel locker.
- Delivery to collection point.
- The delivery time for Products within the United Kingdom consists of two stages:
- Order processing time: 1-3 working days (dispatch days: Monday to Thursday). We do not dispatch parcels on Fridays for plant safety reasons.
- Delivery time: 1-2 working days from the moment the parcel is dispatched by the Seller – in accordance with the courier company’s terms and conditions.
The commencement of the Product delivery period to the Customer is calculated as follows:- Where the Customer chooses payment by bank transfer, electronic payment or payment card – from the day the Seller’s bank account or settlement account is credited.
- Where the Customer chooses payment by cash on delivery – from the day the Sales Contract is concluded.
VIII. NEWSLETTER
- Use of the Newsletter requires a computer with internet access, a standard web browser and an active and properly configured email account.
- The Newsletter is a free service provided by the Shop to Users who are not Buyers and to Users registered with the Shop in accordance with Chapter III of these Terms and Conditions, consisting of informing Users about promotions, competitions, events and new products through periodic electronic communications in the form of email messages.
- To use the Newsletter service, Users must:
- complete the Newsletter subscription form available on the Shop’s website and consent to receiving commercial communications electronically, or
- consent to receiving commercial communications during registration with the Shop.
- Users may unsubscribe from receiving information through the Newsletter by completing the Newsletter subscription form on the Shop’s website or by clicking the unsubscribe link available in messages sent as part of the Newsletter.
- Users do not incur any charges to the Seller for using the Newsletter. Users are responsible for data transmission costs over the internet associated with using the Newsletter.
IX. PROTECTION OF PERSONAL DATA
- The Seller collects and processes the personal data provided by Users in accordance with applicable legal regulations, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, and in accordance with the Privacy Policy available on the website under the “Privacy Policy” section.
X. COMPLAINTS PROCEDURE
- Buyers may submit complaints to the Seller regarding the Seller’s performance and use of the Shop.
- Complaints may be submitted electronically using the contact form available in the Shop’s internal system which Users can access after registering an account, or in writing to the Seller’s address provided at the top of these Terms and Conditions. A complaint should contain at least:
- the Buyer’s name, surname, address and email address,
- the date of conclusion of the Contract which is the basis for the complaint,
- the subject matter of the complaint, indicating the Buyer’s request,
- all circumstances justifying the complaint,
- photographs of the received products subject to the complaint.
- The Buyer will be informed of the complaint resolution by email or by post.
- The Shop will process complaints within 14 days of receiving them in the correct form.
- Where purchased goods are covered by a warranty, for example from the manufacturer, importer, Seller etc., the scope of which is confirmed by a warranty document issued with the goods, independently of other complaint rights available, the Buyer may submit a complaint invoking the scope of the warranty granted.
XI. WITHDRAWAL FROM THE CONTRACT, TERMINATION, WARRANTY
- Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Buyers who are consumers may withdraw from the Contract without giving reasons within 14 days of receiving the goods, or where the Contract concerns services – within 14 days of concluding the Service Contract, subject to paragraph 5 below. This also applies to sole traders, except for purchases unrelated to their professional activities.
- To meet the withdrawal deadline, it is sufficient to send a written statement of withdrawal in paper form or by email before the deadline expires. The Buyer may use the model withdrawal form available on the “Returns and Refunds” page. Upon receiving the statement, the Seller will promptly send the Buyer confirmation of receipt on a durable medium.
- In case of withdrawal from the Contract, the Contract shall be deemed not to have been concluded. What the parties have performed shall be returned in an unchanged state, unless the change was necessary within the limits of ordinary management. The return should take place without undue delay, no later than within 14 days.
- Where the Buyer has made an advance payment, the Seller is obliged to refund the full advance payment.
- Withdrawal from the Contract by a Buyer who is a consumer or sole trader is not possible in cases where goods and services are returned which, according to applicable law, cannot be withdrawn from. Under regulation 28 of the Consumer Contracts Regulations, it is not possible to return products such as seedlings, live plants, and live insects due to their perishable nature.
- If the duration of a Service Contract is not specified, either party may terminate it without giving reasons, with one month’s notice, unless the parties have agreed a shorter notice period.
XII. TECHNICAL DOWNTIME
- The Seller shall not be liable for Users’ inability to use the Shop caused by force majeure.
- The Seller reserves the right to interruptions in access to the Shop caused by technical servicing, maintenance work or work to improve the Shop’s functionality. At the same time, the Seller undertakes to make every effort to ensure that such interruptions take place during night hours and last as short a time as possible.
XIII. FINAL PROVISIONS
- The Seller reserves the right to amend the provisions of these Terms and Conditions. Any amendment shall come into force upon publication of the amended Terms and Conditions on the Shop’s website in relation to the Shop where Sales Contracts or Service Contracts (of a one-off nature) are concluded, subject to the provisions of paragraph XIII.3 of these Terms and Conditions.
- Amendment of these Terms and Conditions does not affect Contracts concluded before the new Terms and Conditions come into force. In the case of concluding Contracts referred to in the previous paragraph after the amended Terms and Conditions come into force, the Buyer will be asked to accept the new Terms and Conditions.
- In the case of Shops where Service Contracts of a continuous or periodic nature are concluded, amendment of these Terms and Conditions shall come into force within the time period specified by the Seller, but not earlier than 45 days after publication of the amended Terms and Conditions on the Shop’s website and simultaneous notification of Users at the email address assigned to their account.
- In case of non-acceptance of the new Terms and Conditions, Users may terminate Service Contracts of a continuous or periodic nature in the manner provided for in paragraph XI.5 of these Terms and Conditions.
- If a periodic service expires during the contract termination notice period, the Contract shall be terminated at that moment and shall not be extended for the next period.
- In all matters not regulated in these Terms and Conditions, the provisions of English law shall apply.
- Consumer Users may use alternative dispute resolution mechanisms. Information about access to such procedures and dispute resolution processes can be found through Citizens Advice or by contacting the relevant ombudsman services at: www.citizensadvice.org.uk
- Consumers may use alternative dispute resolution methods for complaints and claims. To use online dispute resolution for online purchases, Consumers may submit complaints through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/
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