Terms and Conditions

The following are the terms and conditions of sale (‘Conditions’) of New Forest Botanics Ltd  (‘NFB’). These Conditions apply to all sales of Products by NFB to the exclusion of any other Conditions unless otherwise agreed in writing by a duly authorised representative of NFB.
In these Conditions, the following Definitions apply:
‘Contract’ refers to any contract made between NFB and the Customer for the sale and purchase of any Products.
‘Customer’ refers to any person firm or organisation purchasing any Products from NFB.
‘Product’ refers to any goods and/or services to be supplied to the Customer by NFB in accordance with these Conditions.
‘Bespoke Product’ refers to Bespoke Hampers and Gifts requested by the Customer and any product specially produced or personalised at the request of the Customer.

Orders
All orders are accepted at NFB’s discretion subject to these Conditions to the exclusion of any Other terms and conditions subject to which any such order is made or purported to be made by the Customer unless there is express written confirmation from NFB stipulating specific amendments.
Orders are deemed accepted and a Contract formed on release of the Products to the carrier or if earlier upon confirmation of acceptance (in writing) by NFB. NFB reserves the right to refuse any order without providing a reason.
Any Customer placing an order warrants that it is legally capable of entering into binding contracts and (if an individual) is at least 18 years old.

Price
Products are sold at the prices prevailing on NFB’s website, brochure or individual quotation as applicable at the time of ordering. All prices exclude delivery charges.

Delivery charges in relation to carriage, transport costs, and unloading shall be paid by the Customer in addition to the price for the Products.

Delivery charges are set out on NFB’s website, brochure or individual quotation as applicable or shall be separately advised to the Customer.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer invoice or other document or information issued by NFB shall be subject to correction without any liability on the part of NFB.

The prices for Products do not include fitting charges. Unless NFB expressly offers to provide fitting services in a quotation, the Customer shall be solely responsible for arranging for Products to be fitted and for payment of associated fitting charges to the fitter selected by the Customer.

Payment
Customers who have been granted a credit account facility by NFB may choose to have their order charged to their account. NFB may withdraw credit facilities at their own discretion at any time.

Orders for Bespoke Products will not be accepted unless accompanied by complete purchase of 100%. The balance of the order value may be applied to a Customer credit account if they are a trade customer at the discretion of NFB.

Payment terms for credit accounts are thirty (30) days from the date on the invoice, unless otherwise agreed.

NFB reserves the right to charge interest on overdue invoices at the rate of 4% above Bank of England Base Rate, subject to a minimum rate of 8%.

In all other cases, the Customer shall pay for the Products at the time of ordering. Orders can be paid for by debit or credit cards or Paypal. NFB accepts MasterCard, Visa Electron and Visa Debit. If the Customer wishes to use an alternative method of payment, such method of payment shall be at the discretion of NFB. NFB reserves the right to charge a processing fee for debit or credit card transactions. Any such charge will be advised at the time of payment.

Products ordered shall not be despatched until full payment is received in cleared funds, except at NFB’s discretion or where the Customer ordered Products with instructions to have the order charged to its credit account/s.

The time of payment of the price shall be of the essence of the Contract.

Products
NFB reserves the right to make changes to the range of Products offered from time to time, including additions, deletions and changes in specification.

Products are designed for the purposes specified and no warranty is given that they shall be suitable for purposes other than those described on NFB’s current website or brochure.

NFB employees or agents are not authorised to make any representations concerning the Products unless confirmed in writing by a director of NFB and the Customer acknowledges that by entering into a Contract it does not rely on and waives any claim for breach of any such representations which are not so confirmed.

While NFB has made every effort to ensure that Products offered are shown as accurately as possible in its, or its suppliers current brochure or website, the Customer should check any details and information they wish to rely on with NFB at the time of purchase. NFB cannot accept liability in respect of any errors or omissions contained in its, or its suppliers brochures or website or for any loss or damage, malfunction or consequential loss arising from reliance upon these publications. (e.g. variances in colour or specification between any NFB publications (or their suppliers brochure) and the actual product supplied).

Whilst NFB has made reasonable effort to ensure that details and information given in its or its suppliers brochures and website are accurate at the time of issue, full technical specifications are not necessarily included and the right is reserved to alter details and information as the need arises.

Availability
If a Product is out of stock or unavailable at the time of ordering, the Customer shall be informed accordingly as soon as reasonably practicable thereafter.

Except for Bespoke Products, if such ordered Product is not available within thirty (30) days of the placement of the order, NFB shall provide a full refund to the Customer if another reasonable delivery time cannot be agreed.

Any promotional or special offers on Products are only available while stocks last.

Delivery
Delivery of a Customer’s order may be made either in a single shipment, or part orders may be shipped, at NFB’s discretion.

Time of delivery is not of the essence and NFB does not guarantee any delivery times. NFB will use reasonable endeavours to deliver each of the Customer’s orders for the Products within the time advised by NFB when NFB accepts an order or if no time is advised within a reasonable time. If NFB is unable to fulfil any delivery on or by the specified date, NFB will not be deemed to be in breach of Contract. Any delay in delivery will not entitle the Customer to cancel the order or to receive a refund of any monies paid unless and until the Customer has given 21 days’ written notice to NFB requiring the delivery to be made and NFB has not completed delivery within that period. The Customer shall have no other remedy in respect of late delivery.

NFB shall not be liable for any direct, indirect or consequential loss caused by any delays in delivery and shall not reimburse any expenses or other claims made by the Customer.

Unless otherwise agreed atNFBS’s sole discretion, all Products ordered by the Customer shall be delivered to the address where the payment card or credit account holder is registered. In the event that the carrier is unable to deliver to the Customer through no fault of either NFB or the carrier and, either an additional delivery journey is required, or the Products have to be returned to stock, then additional carriage charges and/or handling fees shall be charged to the Customer. (This clause excludes carriage charges for the replacement of defective goods).

NFB reserves the right to defer the date of delivery or cancel the Contract or reduce the volume of the Products ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of NFB including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lockouts, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the Customer shall be entitled to give notice in writing to NFB to terminate the Contract.

Returns
If the Customer establishes to NFB’s reasonable satisfaction that there is a defect in the Products or there is some other failure by NFB in relation to the conformity of the Products with the Contract, then NFB shall, at its option and at its sole discretion and within a reasonable time:

refund the Customer or replace such Products with products which are in all respects in accordance with the order;

or

issue a credit note to the Customer in respect of the whole or part of the price of such Products (and reasonable costs incurred by the Customer returning such Products) as appropriate having taken back such Products. The liability of NFB under this Condition shall in no event exceed the purchase price of such Products and the reasonable postage /delivery costs incurred by the Customer returning the defective Products; and performance of any one of the above options shall constitute an entire discharge of NFB’s liability.
This Condition shall not apply unless the Customer:

notifies NFB of the alleged defect within 30 days of receipt of the Product/s; and
affords NFB a reasonable opportunity to inspect the relevant Products.
If NFB elects to replace the Products pursuant to this Condition, it shall deliver the replacement Products to the Customer at its own expense at the address to which the defective Products were delivered. Such delivery will be made only after the Customer has returned the defective Products to NFB. The legal title to the defective Products which are being replaced shall (if it has vested in the Customer) re-vest in NFB and the Customer shall make any arrangements as may be necessary to deliver up to NFB the defective Products which are being replaced by NFB.

NFB shall be under no liability under the warranty in this Condition:

in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow NFB’s or the manufacturers instructions whichever is appropriate (whether oral or in writing); or
if the total price for the Products has not been paid by the due date for payment; or
in respect of any type of defect or damage specifically excluded by NFB by notice in writing; or
if the Customer makes any further use of the Products after giving notice in accordance with this Condition; or
if the Products are not returned with the original relevant delivery documentation and in their original packaging.
Bespoke Products cannot be returned unless defective as above.

For returns of standard Products other than those that are defective, NFB shall also replace these provided that:

they are returned in their original condition, with the original labels, packaging and delivery documentation at the Customer’s expense;
they have not been used and are in a re-saleable condition; and
the Customer returns the Product/s to NFB within seven (7) days from the date of delivery of such Product/s. Unless Products are returned due to defects, NFB reserves the right to make a 15% administration and restocking charge. Charges apply for collections of returned Products if organised by NFB, which will be advised at the time of arrangement. Delivery charges will apply for any delivery of replacement products at the prevailing delivery charge rates.
Samples
NFB will at its own discretion provide samples on request. Samples costing over £15 will be charged at full price but refunded in full on receipt by NFB of the returned sample or deducted from the the receivers first order.

Credit for the return of samples will be applied to the customer’s account, provided that:

they are returned in their original condition, with the original labels, packaging and delivery documentation at the Customer’s expense; and
they have not been used and are in a re-saleable condition; and
the Customer returns the Product/s to NFB within seven (7) days from the date of delivery of such Product/s.
Cancellation of Orders
If a Customer has contracted as a consumer (ie acting for purposes outside his business) such Customer may cancel a Contract at any time within fourteen working days beginning on the day after he receives the Products.

In this case, NFB shall refund the price paid for such Products. Notice of cancellation must be in writing and sent to, The Customer Service Manager, Perfect Stay Supplies, 16, Mount Avenue, New Milton, Hampshire BH25 6NT. This right to cancel does not apply in respect of Bespoke Products.

Except as set out above, NFB shall be under no obligation to accept cancellation or amendment of any order once accepted by NFB. Where such cancellation or amendment is accepted by NFB, NFB reserves the right to charge a reasonable cancellation or amendment fee.

Risk and Title
Risk in the Products shall pass to the Customer on delivery.

Notwithstanding the above, the Products remain the property of NFB until the monies due to NFB for the Products have been paid in cleared funds.

In the event that the Customer

fails to make payment timeously; or
commits a material breach of any term, condition or obligation under this Contract; or
has any judgement taken or levied against it, is deemed unable to pay its debts with the meaning of Section 123 of the Insolvency Act 1986 or otherwise; has its property ceased or charged; or in the case where a Corporation goes into liquidation or has a receiver of the Customer or Administrator appointed;
NFB may, without prejudice to any other rights and remedies available, by notice in writing, enter any premises to recover the Products and take any other necessary steps.
Export Terms
Where the Products are supplied for export from the UK the following shall (subject to any special terms agreed in writing between the Customer and NFB) apply notwithstanding any other provision of these Conditions.

The Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.

Payment of all amounts due to NFB shall be made before delivery.

NFB shall provide the Customer with a quotation for delivery at the time the order is placed.

Liability of NFB
The warranties set out in these Conditions are the only warranties which shall be given by NFB and to the fullest extent possible at law all warranties, conditions and other terms implied by statute or otherwise are expressly excluded (other than the conditions implied by section 12 of The Sale of Goods Act 1979).

The total liability of NFB in contract tort or otherwise in respect of any Products supplied under any Contract shall be limited to the price of such Products unless expressly stated otherwise in these Conditions.

NFB shall not be liable to the Customer for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) which arises out of or in connection with the Contract, or for any liability incurred by the Customer to any other person for any economic loss, claim for damages or awards howsoever arising from the Products or otherwise.

Nothing in these Conditions shall limit or exclude NFB’s liability for negligence causing death or personal injury, for fraud or fraudulent misrepresentation, or for any matter which it would be illegal for NFB to exclude or attempt to exclude and nothing in these Conditions shall affect any statutory rights available to anyone dealing as a consumer (as defined in the Consumer Rights Act 2015).

Unless NFB has agreed to offer fitting services under a quotation, NFB has no responsibility for the actions of the Product fitters and shall not be liable to the Customer for any loss or damage caused by Product fitters (whether to PSS’s Product or to the Customer’s property) and the Customer shall seek to recover any such loss or damage directly from the Product fitter.

Privacy
NFB shall at all times comply with its data protection obligations. A copy of NFB’s current privacy policy is available here.

Assignment
NFB may assign any Contract or any part of it to any person firm or company.

The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of NFB.

General
Any failure or delay by NFB in enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
If any provision of these Conditions is held by any competent authority to be to be invalid or unenforceable in whole or in part, the validity of the other provisions in question shall not be affected thereby.
NFB reserves the right to amend these Conditions from time to time. A copy of the current Conditions is always available from NFB on request.

Orders placed are subject to the Conditions prevailing on the day the orders are placed.

Notices
All notices given by the Customer to NFB must be given to The Customer Service Manager, Perfect Stay Supplies, 16 , Mount Avenue, New Milton, Hampshire BH25 6NT. PSS may give notice to the Customer at either the email or postal address the Customer provides to PSS when placing an order or the place of business of the Customer. Notices shall be deemed to have been received 24 hours after an email is sent or 48 hours after posting (5 days if posted outside the UK).

Jurisdiction
These Conditions and any Contract shall be governed by and construed according to English law. Any dispute shall be subject to the exclusive jurisdiction of the Courts in England.