TERMS AND CONDITIONS
These terms and conditions apply and are deemed as being accepted by you when placing an order with theidlemole.co.uk. Your statutory rights are not affected by these terms.
Card - means Loyalty Scheme Card
Conditions – means these terms and conditions and the Special Conditions.
Product – means a product displayed for sale on the Website.
Product Description – means the part of the Website where certain terms and conditions in respect of the individual Product are provided.
Scheme - Means Loyalty Card Scheme
Special Conditions – means the terms and conditions in the Product Description.
Users – means the users of the Website
Order - one or more Products purchased in a single transaction.
Personal Information – means the details provided by you on registration and/or when placing an order.
We/us – means The Idle Mole Ltd.
Website – means the website located at www.theidlemole.co.uk or any subsequent URL which may replace it.
You – means a user of this Website.
DESCRIPTION OF PRODUCTS
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an Order.
We will endeavour only to offer products which we expect to have in stock and available for ordering but all items are subject to availability.
We aim to provide a clear description of the plants we sell but inevitably there will be slight variations in size, shape and colour between each plant. Photographs and descriptions are approximate and for guidance only.
Flowers and Hampers
In the event of supply difficulties, we reserve the right to substitute goods or packaging of equal quality and value.
BASIS OF SALE
Placing an order constitutes your acceptance of the these terms and conditions and despatch of the Products ordered constitutes the acceptance of the order by us. Orders are accepted at our sole discretion but are normally accepted if the Products are available, the order reflects current pricing, payment has been authorised and the delivery address is within our delivery area.
All prices include VAT, if applicable. We reserve the right to change prices at any time. If in error, a Product has been priced inaccurately, we will not be liable to supply that item to you at the inaccurate price. In such circumstances we will notify you of the correct price and ask you to confirm or decline your Order.
We will charge your credit/debit card account for payment on receipt of Order. If it is not possible to obtain full payment for Products (for example if card details are entered incorrectly) the Order will not be accepted or cancelled.
We will deliver the Order to the address you specify, please ensure your address details are accurate and be precise about where you would like your Order left if you are out when we deliver. We cannot accept any liability for any loss or damage to Products should a delivery be delayed due to external influences beyond our control. We reserve the right to charge a 30% restock fee if the Order is returned by the carrier after attempting delivery and the Products are deemed to be unsuitable for re-sale due to their perishable nature.
Please ensure plant Orders are opened immediately upon receipt and plant them in accordance with the growing instructions provided to enable them to thrive. It is not uncommon for some foliage discolouration to occur or plants to appear ‘limp’ on receipt due to transit, but they will return to normal health after a few days in the right conditions.
Delivery is to mainland UK only. For most orders delivery will be £5.99 regardless of the number of items ordered unless specified differently. We aim to deliver within 3 working days but delivery times are not guaranteed. If delivery is delayed we will endeavour to contact you and advise that the delivery date has been extended.
If you've changed your mind about keeping your purchase, please return it in its original condition and we'll exchange or refund it. Unless faulty, this should be within 14 days of receiving your order. We will not pay the costs of returning an item to us. Until we receive the goods you are returning, they are your responsibility. For your protection and peace of mind, we recommend you use a recorded delivery service to return Products.
If your order is incomplete, please bear in mind that Products may be sent out from multiple locations and so arrive separately; please allow a little extra time before contacting us.
For damaged Products, incomplete Orders or despatched Orders that don't arrive within the expected time period, please email our Customer Services team email@example.com, or call us on 0115 9655450 Monday to Saturday 9am to 5pm within 14 days of receipt of your order.
If you receive a plant that is not in a condition you would expect when you take it out of the box, contact us immediately (not more than 14 days from receipt) with a photograph so that there is no doubt as to it's condition on arrival with you, as opposed to what it looks like by the time you return it to us. Bear in mind that plants look different depending on what time of year it is. We will be happy to arrange for a refund or replacement once we have received the pictures and determined the cause of the problem.
We reserve the right to:
• modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• change the Conditions from time to time. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you should not place an Order with us.
• The Loyalty Card is issued by and remains the property of The Idle Mole Ltd which reserves the right to withdraw the card at any time.
• We reserve the right to alter or amend the conditions of operation of the scheme at any time without notice.
• The Loyalty Card is to be used by one client only per card.
• We do not accept liability for lost, stolen or damaged cards.
• We may, at our discretion, replace any advertised reward with a similar reward.
• We may amend or terminate the Scheme or amend any of these terms and conditions, at any time.
• We will use our reasonable endeavor to notify participants one month before termination or amendment (although we have no obligation to do so) by one of the following methods telephone/text/email.
• If we sell or transfer the Scheme to another company we may transfer all of our rights and obligations under these terms without any further consent and may disclose or transfer all information we hold about participants to a prospective or actual new owner. Such a disclosure or transfer will not alter the rights of such participants in respect of the use that can be made of such information by such other company. You agree to a transfer of such data.
• We may, at our sole discretion, refuse to issue a Card and may withdraw a Card from a participant at any time. We may, at our sole discretion remove any or all participants from the Scheme at any time.
By registering for a loyalty card you consent to receiving marketing information from us (we will not pass on your details to any third parties), to opt-out simply return the loyalty card or e-mail us at firstname.lastname@example.org
We will not be liable to you or in breach of contract for delay or failure to perform due to causes beyond our reasonable control. If Products fail to meet specification based on quality or condition and are returned to us within a reasonable time, you will be entitled to a refund or exchange free of charge. We will not be liable to you for any loss of profit or anticipated savings that your business may suffer.
All of the content and arrangement of this Website - written, photographic and design - and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved. No Website content may be used without our prior written permission unless for personal use only.
THIRD PARTY LINKS
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. We do not endorse these sites nor are we liable for the privacy practices or contents of such websites.
These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.
If either you are we fail to enforce a right under these terms, that failure will not stop us from enforcing the other rights or the same right at a later time. To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
If you wish to comment or complain about any aspect of our service please email us email@example.com. We strive for perfection and take all feedback seriously. We will aim to get back to you within 48 hours.