Sales conditions

Preliminaries:
The site www.planfor.co.uk is the property of the company S.A.S PLANFOR, as well as the totality of the rights relating to it. Any duplication whole or partial cannot be carried out without the authorisation of the company. However, hyperlinks are authorised without specific request.
Placing an order implies complete acceptance of the conditions of sale and the price quoted on the website. Mutually, PLANFOR commits to respect its obligations. The present conditions apply exclusively to all order placed through the websites www.planfor.co.uk, www.planfor.fr, www.planfor.es and www.planfor.pt or by telephone.

Pricing:
All prices shown include taxes (vat included at 5.5%, 10% or 20% depending upon products, except for deliveries in Belgium : VAT at 6% or 21%, in Spain : VAT at 4%, 10% or 21% and in Portugal : VAT at 6% or 23%), excluding delivery cost.

Dispatch:
Each order will be dispatched as soon as our bank confirms receipt of full payment.

Guarantee and disputes:
Except in the case of special agreement, PLANFOR cannot accept responsibility in the case of dead plants being delivered, as too many factors are outside of our control.
In case of a dispute, an amicable solution will always be sought, falling that, the court of Mont-de-Marsan (40) will pass judgement.

Protection of personal information:
All the personal information given to us will only be used in relation to orders and will not under any circumstances be re-used outside our company or distributed to anyone. According to the law N. 78-17 of 6th January 1978 relating to data protection and freedom of access, you dispose through our customer services the right of access, consultation, modification, rectification or removal of the data that you have provided us.

1. Acceptance of conditions
The customer declares to have read and understood the conditions of sale upon placing an order and accepts them without reservation.
The present conditions of sale are the foundation of the contractual relationship between PLANFOR and its customers, both parties agreeing to them without reservation. These conditions of sale take precedent over any other document, except by prior special written agreement.

2. Products
Photographs and technical/advice notes accompanying the products are excluded from the contract. If any errors, imprecision or omissions have been inserted, PLANFOR does not accept responsibility.
Prices are inclusive of VAT (Prices inclusive of VAT at 5,5 %, 10 % or 20 % depending on the products, except for deliveries in Belgium : VAT at 6% or 21%, in Spain : VAT at 4%, 10% or 21% and in Portugal : VAT at 6% or 23%) depending on products. They do not take into account delivery cost. Variations in prices are not cause for compensation. For example, an order placed on a certain date will not benefit from a better price starting on a later date.

3. Prices
Prices are given in Euros on www.planfor.fr, www.planfor.es, www.planfor.co.uk. Prices indicated on product's notes do not include delivery cost, unless otherwise stated. Delivery costs vary from country to country. Delivery details
The total amount stated on your order confirmation is the definitive amount, including VAT for France and countries of the E.E.C. It includes the product price, handling and packaging charges and delivery cost.

4. Ordering
The automatic order systems are considered as valid proof of the nature, content and date of order. PLANFOR confirms the order's acceptance to its customer, via the email address given by the customer. The sale is only concluded upon receipt of the total payment.
An order is only considered accepted when an order acknowledgement sent by email from PLANFOR is received by the customer.
In case of a dispute, PLANFOR reserves the right not to honour the order if the customer is unable to produce his order acknowledgement. PLANFOR reserves the right to cancel any order from a client with whom a previous dispute relating to payment exists.
Orders will only be dispatched after full payment is received. Orders are dealt with according to stock levels. In the case of a product being momentarily out of stock, PLANFOR will offer to replace the missing product by a product of similar value of your choice or by its refund.
The information given by the buyer upon placing his order commits him, even in the case of an order placed by telephone. In case of errors, imprecision or omissions in the customer's address details, PLANFOR cannot take responsibility for the non delivery of the order. The customer has to pay new delivery charges if the address he entered on his order form contains errors or is incomplete. If an error is noticed by the customer it has to be notified within 24 hours from ordering.

5. Payment
The amount charged to the customer is the amount including VAT stated on the order acknowledgement, sent to the customer's email address.

Payment can be made:

A) By Visa or MasterCard:
A secure online payment facility allows paying trough a bank server. The bank details of the customer go directly from his P.C to his bank in a cryptic message format using SSL technology, the most widely used technology nowadays for online payments. These bank details do not go through PLANFOR website. The order placed will only be accepted when the banks concerned have authorised it. In case of refusal by the bank, the order will automatically be cancelled and the customer advised by email.

B) By Bank transfer:
The customer must send his payment to the bank details given on our website, stating his order reference number. The order is only considered valid when full payment is made. Transfer fees are at the customer's charge.

In the case of a payment being incomplete, the order will be void and PLANFOR will notify its customer. The customer then can choose to complete the payment or get a refund. In the case of an unidentified payment, PLANFOR will wait for the customer to identify himself. It is therefore really important that payments by bank transfer or cheque states the order reference number.

PLANFOR reserves the right to refuse an order from a customer with whom a dispute already exists.

6. Delivery
The Delivery takes place by parcel post or a private delivery company if a large order. PLANFOR alone decides which company to use. In the case of a delivery by parcel post and the customer is not present on the delivery day, he will have a number of days to retrieve his parcel back from his local depot. After this delay, the parcel is returned to PLANFOR and the customer will have to pay new delivery charges in order to get his order resent

PLANFOR will inform you of the dispatch date of your order by email. Lead times for deliveries are only given as an indication and late deliveries do not give the customer the right to request compensation. However, if the delay exceeds those notified, the customer must inform PLANFOR so that it can check the cause of delay with the chosen delivery company.

7. Retraction
For all products other than plants
The buyer benefits from a 14 days cooling off period from the delivery day to retract. He must notify us of this decision in writing (letter, email, and fax).
The buyer must return the goods to Planfor at his expense and by his own means.
If a buyer exercises his right of retraction, PLANFOR has to reimburse the sum of money paid by the client, without penalties. The reimbursement has to be done within a maximum of 14 days following the good reception and checking of the returned goods.
In case of an exchange or a reimbursement, the brand new goods must be sent back in their packaging of origin, intact, accompanied with all accessories, user manuals, instructions booklets and literature to the following address:
PLANFOR
Route Départementale 651
40090 Uchacq - FRANCE


For all plants and perishable items
The buyer benefits from a 7 days cooling off period from the delivery day to retract. He must notify us of this decision in writing (letter, email, and fax).
After getting PLANFOR's agreement, the buyer must return the goods at his own expense, after making sure that the goods can travel in the same ideal conditions than the delivery ones.
If a buyer exercises his right of retraction, PLANFOR has to reimburse the sum of money paid by the client, without penalties. The reimbursement has to be done within a maximum of 14 days following the good reception and checking of the returned goods.
In case of an exchange or a reimbursement, non-used goods must be sent back in their packaging of origin, intact, accompanied with all accessories, user manuals, instructions booklets and literature to the following address:
PLANFOR
Route Départementale 651
40090 Uchacq - FRANCE

8. Disputes
The present contract is subjected to French law. PLANFOR cannot be held accountable for damages of any nature, whether material, immaterial or corporal resulting from a fault or bad use of the commercialised products. This also applies to eventual modifications of products by the manufacturers.
PLANFOR'S responsibility is limited to the amount of the order and will not be liable for errors or omissions that exist, despite all precautions being taken with the products description. In case of a dispute, an amicable solution will always be sought. In its absence, a decision will be passed by the court of Mont-de-Marsan.

9. Guarantee
Plants will be delivered in a suitable growing medium as used in its culture.
The seller guarantees to deliver authentic and healthy products, based on their technical knowledge at the time of production. The future performance of the delivered product will largely depend upon the care given by the buyer on receipt as well as many other factors impossible to assess and predict that vary depending on geographical areas, environment, agronomic and atmospheric conditions, techniques and cultural practices.
Consequently, the raising of plants and the results obtained do not solely depend on the quality of the delivered product and the vendor cannot therefore give a guarantee of growth even after having given advice and suggestions. No claim based upon the guarantee of “hidden faults” will be accepted if not clearly demonstrating the responsibility of the vendor.
The vendor cannot be held responsible for failure of growth. Under no circumstances the vendor's liability can be greater than the price of the delivered products.
In the case of damaged products being received, the customer benefits from 48 hours from time of receipt to declare it. The customer must show the damages by means of photographs or send the product back after obtaining PLANFOR agreement. If a fault or defect is detected, PLANFOR agrees to exchange or refund the faulty product within 30 days.

10. Legal information
The collection of personal information is necessary in order to deal with distance sales, order processing, delivery, billing and guarantees.
Refusal to communicate personal details will result in an order being refused. The customer (article 34 of the law of the 6th January 1978) benefits from the right of access to his personal data, allowing modification, rectification or removal. In addition, PLANFOR promises not to communicate, for free or financial gain, its customer's details to any third party.

PLANFOR

Pépinières PLANFOR
Route Départementale 651
40090 Uchacq-et-Parentis - FRANCE

Tel : (020).7660.0178
Fax : 0033.558.064.854

Pépinières PLANFOR
RD 651
40090 UCHACQ - FRANCE
Tel : (020).7660.0178
Fax : 0033 558 064 854