Terms & Conditions 1. In these conditions "we", "us" and "our" refer to Kaizen Bonsai Ltd also trading as Bonsai Mart. You can write to us at PO Box 241, Great Yarmouth, NR30 9AG or send e-mail to info@kaizenbonsai.com. These are also the addresses to write to if you have any complaints. "You" and "your" refer to the customer who places an order with us.
2. We reserve the right not to accept any order. Once your order is accepted by us, a contract will come into force, on the terms and conditions set out here.
3. We will try to deliver your goods as soon as practicable. You should tell us as soon as possible if you do not receive your goods within one week of placing your order or within one week of any estimated delivery date that we give you. Please note that any dates quoted by us for delivery are estimates only. If we are unable to deliver your goods within 30 days of your order, you may cancel your order and get a full refund for those goods.
4. When you receive the goods, you should check them as soon as possible, and let us know within 7 working days of receipt if there are any problems. If possible, please retain all packaging until you are satisfied with the goods. You will be responsible for any loss or damage to the goods which occurs after they have been delivered to you.
5. We will require payment of the price for the goods in full before we despatch them unless we agree otherwise in writing with you. However, if you have an account with us, we may, at our discretion, allow you to make payment in full within 30 days of our invoice.
6. Details of our delivery charges and methods of payment for the goods are shown in the relevant sections of our sales documentation. Prices quoted for delivery may include a handling/administration fee. Delivery charges may be subject to change, we will inform you for approval where necessary.
7. Any payments that are overdue will bear interest at the rate of 2% per annum above the base rate of The Royal Bank of Scotland plc from the date that payment was due until the date of actual payment.
8. All the goods that we supply will remain our property until you have paid for them in full, including all delivery charges. If you sell the goods you agree to hold the sale proceeds upon trust for us until you have paid us for them in full.
9. Every effort is made to ensure that our prices and descriptions are accurate at the time of going to press. If an error is found or if manufacturer's prices or products change, we will inform you as soon as possible and offer you the option of cancelling your order or reconfirming your order with the revised price or product.
10. The information and advice contained in our sales documentation is for general guidance purposes only. You are responsible for determining whether it applies to your particular situation. In particular, please read all manuals and safety instructions provided with our goods, and follow them carefully at all times.
11. You can cancel your order for any reason and get a refund at any time before we despatch the goods. For credit card and Paypal payments the refund will be subject to a 2% handling charge. You can also cancel your order up to the end of 7 working days after the day you receive the goods. A working day is any day other than weekends and public holidays. To cancel your order you should write to us within that time to the address in clause 1 of these conditions. You will be responsible for the cost of returning goods to us. Once received in good, sale-able condition we will issue the refund less outgoing carriage costs and 2% handling.
12. You may return goods for a credit or to exchange strictly in accordance with our published Returns Policy, and subject that in the event of a conflict between these terms and conditions and the Returns Policy, these terms and conditions shall prevail. Carriage charges are non-refundable where goods are supplied correctly by us.
13. We will not be liable for any delay in delivering the goods which is due to events or circumstances beyond our reasonable control or for any business losses. We accept no responsibility for losses incurred following delays imposed by international customs services where documentation is supplied as requested.
14. If we fail to enforce any of these conditions, that does not mean that we have waived any of our rights and we retain the right to enforce any of these conditions at any time.
15. This particular clause only applies if you are buying goods from us for the purposes of your trade, business or profession and you are not classified as a consumer under UK consumer protection legislation. If you are such a business customer, clause 11 of these conditions will not apply, we will not be liable for any consequential losses and subject to clause 13 our maximum liability shall be limited to the price of the goods.
16. Latin names stated for plants are correct to the best of our knowledge. We accept no responsibility for the performance of plants where the cultural and environmental conditions are beyond our control. Where we provide cultural information this is intended as a guideline only.
17. Nothing in these conditions affect your statutory rights as a consumer.You may obtain information about your statutory rights from your local Trading Standards Department or Citizens Advice Bureau.
18. English law shall apply to these conditions.
19. Due to customs restrictions Bonsai Trees CANNOT be sent to the UNITED STATES or non-European Union Countries. TREES PURCHASED BY CUSTOMERS OUTSIDE THE E.U WILL BE REFUNDED LESS A 10% HANDLING FEE. If you are unsure about receiving trees please ask before ordering info@kaizenbonsai.com.
20. When your order is shipped by courier you will receive a unique tracking number for each parcel sent. It is the customers
responsibility to monitor progress of the parcels. We do not track parcels for you. No tracking information is available for orders
despatched by Royal Mail.
Data Protection Act The information that you provide to us will only be used for credit and security checks and for managing your account.
Returns Policy
This policy is produced in accordance with and will always defer to the rights and remedies contained in our published terms and conditions, and in the event of any conflict between our terms and conditions and this policy, the terms and conditions shall prevail.
Unwanted Returns
Should your purchases be unsuitable and you wish to return them to us for a credit or to exchange then the following conditions will apply:
* Goods must be returned within 7 working days of receipt of the goods.
* We must be contacted before any return is made to obtain the necessary returns reference.
* All items should be returned in their original packaging and a saleable
condition to obtain a full refund. We reserve the right to charge for repackaging where applicable.
* All carriage charges for unwanted returns will be at your expense.
* Transport packaging should be sufficient for the method of carriage. We
cannot accept any responsibility for damage caused by your carrier.
* We cannot accept the return of any item that has been manufactured to
your specification, or any audio or video recordings or computer software that has been unsealed. Or any other exclusion detailed in our Terms and Conditions.
* Your return should be accompanied by a proof of purchase, your name,
address and phone number, and order reference number for online orders. To help us, to help you, we would appreciate you enclosing details of why you wish to return the product.
Shortages
Should any consignment be sent to you incomplete please contact us within 7 working days. We will be pleased to investigate this for you and to arrange for the completion of your order. Please be aware that back-ordered items that are "to follow" do not constitute shortages.
Damaged Goods
Should you receive any parcel from us that contains damaged goods this should be notified to us immediately. We will then arrange for collection and replacement.
If any damaged items have been used they will be deemed acceptable by you and will not be considered for replacement, only repair.
For the avoidance of doubt, nothing in this policy shall affect or modify your STATUTORY RIGHTS. Your right of cancellation will be in accordance with our published terms and conditions.
Copyright
Intellectual Property
All content within the Kaizen Bonsai Ltd web site, www.kaizenbonsai.com, including site design, text, graphics, software compilations, underlying source code, software (including applets) are the intellectual property of Kaizen Bonsai Ltd. The copy of such materials is strictly forbidden without specific written permission from a company director. You may however print complete pages of the site as hard copies for your own personal use.
Trademarks
Kaizen Bonsai, Bonsai Mart, Weasel, Dumpy Knife, Green Dream, Dragon Tools, RootSafe, Micro-Magic, Tm5 and all respective logo's are all registered trade marks of Kaizen Bonsai Ltd. Infringements of our copyright will be pursued vigourously. Other product and company names mentioned on this web site and in our catalogue might be registered trademarks of their respective owners.
Disclaimer
Where indicated, VAT is quoted at 17.5% and may be subject to change without notice in line with Government legislation.
While we use reasonable measures to ensure that the contents of this Site are accurate and up to date Kaizen Bonsai Ltd does not accept any liability for any information which may not be accurate. We also reserve the right to change data, references and product specifications at any time.
The pricing and availability information is subject to change without notice.
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