TERMS AND CONDITIONS

Article 1 – Definitions

For the purpose of these general Terms & Conditions, the following definitions shall apply:

• Consumer: any natural person who is acting for purposes which are outside his trade, business, craft or profession;

• Day: a calendar day;

• Distance contract: any contract concluded between the Trader and the Consumer under an organized distance sales or service-provision scheme without the simultaneous physical presence of the Trader and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded, including, but not limited to memberships (“Subscriptions”) and separate orders (“Click and Collect deliveries”, “Local deliveries” and “Nationwide deliveries”);

• Right of withdrawal.

• The possibility for the Consumer to waive the Distance contract in the withdrawal period;

• Subscription: a Distance contract concluded between the Trader and the Consumer for a definite period of time, in which the Trader and Consumer are bound to perform on a monthly basis;

• Trader: the natural person who offers products and/or services at a distance to Consumers;

Article 2 – Identity of the Trader

Keller Plants
23-27 Broughton Street Lane

Edinburgh, EH1 3LY

contact@kellertaproom.com

Article 3 – Applicability

These general Terms & Conditions apply to any offer made by the Trader and to any Distance contract concluded between the Trader and the Consumer.

Prior to the conclusion of a Distance contract, the text of these general Terms & Conditions will be made available to the Consumer.

Article 4 – The offer and prices

The Trader takes reasonable care to ensure that, at the time of publication, all details, descriptions and prices of products appearing on the website are correct. The Trader reserves the right to refuse orders where product information has been mis-published, including prices and promotions.

Prices are subject to change without notice. These changes will not affect existing subscriptions or separate orders that have already been despatched. Prices are inclusive of VAT (where applicable).

Article 5 – Conclusion of the Distance contract

The Distance contract is concluded at the time of acceptance of the offer and compliance of the stipulated conditions by the Consumer.

If the Distance contract is accepted by the Consumer by electronic means, the Trader will immediately confirm conclusion of the contract by electronic means.

Article 6 – Delivery of separate orders

At the choice of the Consumer, a separate order can be delivered at a local pick-up point, or at a (home) address in Edinburgh (“Local Deliveries”) or anywhere else in the United Kingdom (“Nationwide Deliveries”). The Trader aims to deliver within five working days upon confirmation of the order.

Before the conclusion of the Distance contract, the Consumer may choose a time slot for his delivery. The chosen time slot is indicative; the chosen day and/or time slot may change due to unforeseen circumstances, force majeure and/or national holidays. Changes to the delivery date and/or time will be timely communicated by the Trader to the Consumer.

In the case of a Local or Nationwide delivery, the Consumer will be charged a £4.5 re-delivery fee, if the Consumer, or a third party authorized by the Consumer, is not present at the delivery address at the time of delivery.

Article 7 – Right of withdrawal from a Click and Collect Distance contract

The Consumer shall have a limited right of withdrawal from a Click and Connect Distance contract. The Consumer does not have a right of withdrawal in the case of the supply of plants, due to the perishable nature of these goods. Other goods, such as pots and accessories, may be returned to the Trader in accordance with Articles 6 and 7.

The withdrawal period shall expire after 14 days from the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the goods.

The exercise of the right of withdrawal shall terminate the obligations of the parties to perform the Distance contract.

Article 8 – Exercise of the right of withdrawal from a Click and Collect Distance contract

In order to exercise the right of withdrawal, the Consumer must inform the Trader of his decision to withdraw from the Distance contract by sending an email to the email address stated in Article 2.

The Trader shall reimburse all payments received from the Consumer by using the same means of payment as the Consumer used for the initial transaction. The Trader must reimburse all payments no later than 14 days from the day on which he is informed of the Consumer’s decision to withdraw from the Distance contract in accordance with paragraph 1.

The Consumer shall hand the goods over to the Click and Collect service where he acquired the goods. He must do so without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the Distance contract to the Trader in accordance with paragraph 1.

The Trader shall be liable for any diminished value of the goods resulting from the shipping of the goods, unless the Consumer has used the goods to an extent more than necessary to establish the nature, characteristics and the functioning of the goods.

Article 9 – Right of withdrawal from a Local or Nationwide Delivery Distance contract

The Consumer shall have a limited right of withdrawal from a Local Delivery or Nationwide Delivery Distance contract. The Consumer does not have a right of withdrawal in the case of the supply of plants, due to the perishable nature of these goods. Other goods, such as pots and accessories, may be returned to the Trader in accordance with Articles 8 and 9.

The withdrawal period shall expire after 14 days from:

The day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the goods; or

In the case of multiple goods ordered by the Consumer in one order and delivered separately, the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the last good.

The exercise of the right of withdrawal shall terminate the obligations of the parties to perform the Distance contract.

Article 10 – Exercise of the right of withdrawal from a Local or Nationwide Delivery Distance contract

In order to exercise the right of withdrawal, the Consumer must inform the Trader of his decision to withdraw from the Distance contract by sending an email to the email address stated in Article 2.

The Trader shall reimburse all payments received from the Consumer, including the costs of delivery, by using the same means of payment as the Consumer used for the initial transaction. The Trader must reimburse all payments no later than 14 days from the day on which he is informed of the Consumer’s decision to withdraw from the Distance contract in accordance with paragraph 1.

The Trader shall not reimburse the costs of delivery in the event that the Consumer only exercises the right of withdrawal for part of the original order.

In the case of a Local Delivery, the Consumer shall hand the goods over at a local drop off service, or, if agreed upon by the Trader, let the Trader, or a person authorized by the Trader, pick up the goods. In the latter case, the Consumer will be charged a pickup charge of £3.50. If the Consumer chooses to hand the goods over at a local drop off service, he must do so without undue delay and in any event no later than 14 days from the day on which he has communicated his decision to withdraw from the Distance contract to the Trader in accordance with paragraph 1.

In the case of a Nationwide Delivery, the Consumer shall send back the goods to the address stated in Article 2, or hand the goods over at a local drop off service. He must do so without undue delay and in any event no later than 14 days from the day on which he has communicated his decision to withdraw from the Distance contract to the Trader in accordance with paragraph 1.

The Consumer shall only bear the direct costs of returning the goods unless the Trader has agreed to bear them.

The Trader shall be liable for any diminished value of the goods resulting from the shipping of the goods, unless the Consumer has used the goods to an extent more than necessary to establish the nature, characteristics and the functioning of the goods.

Article 11 – Subscriptions

Subscriptions are available for UK residents.

By purchasing a monthly subscription, the Consumer agrees to a recurring monthly subscription fee and accepts responsibility for all recurring charges until the subscription period ends. Subscriptions may be purchased for a period of time of three months, six months or twelve months. At the end of the subscription period, the subscription will be automatically terminated.

The monthly subscription fee will be automatically charged from the Consumer on the first day of each month. In the event that an attempt to collect the subscription fee is unsuccessful, the Trader is entitled to recover the outstanding debt by making a second attempt to collect the payment. Furthermore, the Trader reserves the right to claim the debt (including the extrajudicial costs involved) in another manner, either directly from the Consumer or through a third party.

The Trader is entitled to suspend its own performance(s), in the event the Consumer does not (fully) fulfil its payment obligation(s).

The Consumer may cancel a subscription before the 20th day of the preceding month. If the Consumer wishes to cancel all remaining subscriptions and terminate the contract early, the Trader will charge the Consumer a cancellation fee of £30.

In order to cancel or terminate a subscription, the Consumer must send an email to the email address stated in Article 2.

Article 12 – Liability

The Trader shall not be liable for any indirect or consequential loss suffered by the Consumer, including, but not limited to, pure economic loss and loss of profits, caused by a product delivered by the Trader.

Article 13 – Complaints

Complaints about the quality of a plant may be lodged by sending an email to the email address stated in Article 2, within 7 days of the day of receival or delivery of the order. It is recommendable to include the order information, a photograph and a short description stating the concerns about the plant. The Trader aims to reply within 2 working days.

If items arrive incorrect, incomplete or damaged the Consumer may send an email to the email address stated in Article 2, within 24 hours of the receival or delivery of the order. It is recommendable to include the order information, the delivery note and photographic evidence of the damaged items. The Trader aims to reply within 2 working days.

Article 14 – Applicable law

All Distance contracts concluded in accordance with these general Terms and Conditions are exclusively governed by the laws of the United Kingdom.

The Scottish courts shall have exclusive jurisdiction over any disputes between the Trader and the Consumer, arising from, or otherwise related to, the Distance contract.