Terms & Conditions
Terms and Conditions last updated: January 11th, 2021
The purchase of products from this web site is governed by these terms and conditions. By accessing the site you agree to be bound by these terms and conditions. Contained in our terms and conditions are details of current regulations governing online shopping.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://bonsaidirect.co.uk/ website (the “Service”) operated by Bonsai Direct (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We reserve the right to change, modify, substitute or remove, without notice, any information on this site as necessary.
About Bonsai Direct
We aim to deliver the best possible customer experience. We therefore adhere to all current and proposed legislation in addition to trade body guidelines. The conditions detailed below do not affect your statutory rights. These include all of the current guidelines relating to the information that we hold about you and, in order to clarify this, we have a published Privacy Statement.
Products
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available. Products and packaging are subject to change or substitution without prior notice. Every effort will be made to despatch the items specified. However in the event of supply difficulties with any items we will email you with the option either to cancel your order or, having told you when we can fulfil it, to wait for item to become available.
All our products include VAT from the 1st September 2021 at 20%. Prior to this date no VAT was charged but due to changes in HMRC legislation in 2021. Although we are still classed as farmers, VAT is now chargeable. Our VAT registration number is 389 4464 40.
Gift Messages
We can include a personalised message with any gift.
We reserve the right to reject any message sent by us on your behalf to a third party that we consider may offend the recipient for defamatory, racist, offensive, harassing, threatening, vulgar, abusive, indecent, obscene, menacing or in breach of confidence, copyright or any other legal rights, or which may cause embarrassment or distress to any person or is otherwise unlawful or objectionable.
You are entirely responsible for any text or other material that you post or send on this message system. We accept no liability for any such content.
Methods of Payment
We accept debit card, credit card or Paypal payments. If you order off-line you may also pay by cheque. Please make cheques payable to Bonsai Direct and write your name and address on the back of the cheque. Cheque orders will not be processed until payment has been cleared.
All orders are positively credit card sanctioned prior to dispatch. Please ensure that the details you provide us with are correct. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given.
In the unlikely event that your payment card is used fraudulently to make a purchase with Bonsai Direct you, the consumer, are entitled to cancel the said payment(s). If payment has already been made, you, the customer, are entitled, in accordance with the Consumer Contracts Regulations (2014), to a re-credit or to have all sums returned to you by the card issuer.
Cancelling your Order
Under the Consumer Contracts Regulations, you have the right to cancel your order any time prior to delivery.
Legal Statement
Every care has been taken to describe items as accurately as possible. However slight variations may occur due to the individual nature of some of the goods. Seasonal variation should be expected. Bonsai trees are living things and will change throughout the seasons.
Prices are subject to alteration without notice. Should a product not be available a substitute of a similar product of equal or greater value will be made.
This website, any content contained herein and any contract brought into being as a result of usage of this website shall be governed by and construed in accordance with the laws of England. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
Nothing in these Terms and Conditions affects your Statutory Rights. Errors and omissions excepted.
Use of this Website from outside the UK
Unless otherwise specified, the materials on this website are directed solely at those who access this website from the United Kingdom mainland. Those who choose to access this site from other locations are responsible for compliance with local laws if, and to the extent, local laws are applicable.
At this point the contract for our sale and your purchase of the goods shall be made and the contract shall be formed at the place from which our acceptance email is sent to you.
Security
The site uses the Thawte Certification Authority, to ensure a safe and secure shopping experience.
All messages containing credit/debit card details between the site visitor and the server are secured through the Thawte 40 bit encryption process. Customer details are retrieved by the Bonsai Direct team via a Thawte secured encrypted link. Our servers are continually being updated with latest operating system upgrades that include the latest security updates.
Damage to your Computer
Bonsai Direct makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Bonsai Direct shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Browser cookies
A cookie is a small file that can be stored on your computer’s hard drive. Browser cookies are a method for storing small amounts of data during your visit to the site.
How do we use cookies?
Cookies are used on the site to enable our systems to record items that you have placed in your shopping basket. This enables you to return to the site at a later date to complete your purchase without having to re-input your details and order. The Cookies used on the site are not used for any other purpose. Our cookies do not contain any personal information about you.
Purchases
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Contracts Regulations (13th June 2014).
If you wish to purchase any product or service made available through this website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Bonsai Direct is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on this website. The products or services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on our website and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The terms and conditions of any other “Promotions” are independent of this agreement.
Content
Our website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the website, including its legality, reliability, and appropriateness.
By posting Content to the website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the website. You retain any and all of your rights to any Content you submit, post or display on or through the website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the website, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
You are responsible for safeguarding the password that you use to access the website and for any activities or actions under your password, whether your password is with our wesbite or a third-party website.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Bonsai Direct and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bonsai Direct.
When you upload content, you give to Bonsai Direct a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Bonsai Direct business.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Bonsai Direct.
Bonsai Direct has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bonsai Direct shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
Care Guides and Information
All care information and advice supplied by Bonsai Direct or on www.bonsaidirect.co.uk is a guide only. The care a bonsai needs depends upon the environment and the time of year, so will not always be the same. For example, bonsai will need less water during Winter than in Summer.
PLEASE NOTE: all bonsai are measured from the base of the pot to the top of the tree (i.e. the total height of the bonsai).
Bonsai Direct Gift Vouchers
| The following apply to any Bonsai Direct gift voucher (a “Gift Card” or a “Card”) purchased by you or someone on your behalf and issued by Bonsai Direct. By purchasing a Gift Card, accepting and retaining the Gift Card, or using the Gift Card, you agree to these terms and conditions. |
| 1.1 | Gift Cards are valid for 12 months from receipt of the gift voucher. After 12 months the card will automatically expire and any remaining balance on the card will be cancelled. Gift Cards cannot be returned or refunded (subject to any rights available to you by law). |
| 1.2 | Gift Cards may only be used as full or part payment for Bonsai Direct products in the UK shown on and purchased on our website www.bonsaidirect.co.uk. |
| 1.3 | The full amount of each purchase, including fees, will be deducted from the funds held on the Gift Card, up to the total funds available on the Gift Card. The Gift Card cannot be used to obtain cash or purchase other Gift Cards and you may not return merchandise or cancel services obtained with the Gift Card for a cash refund. |
| 1.4 | No change or refund will be given where the sales transaction is for an amount (including applicable added fees and taxes) less than the balance on the Gift Card but the remaining balance may be applied to future purchases. |
| 1.5 | In the event of a Gift Card becoming lost or stolen, you will not be entitled to a refund, except as otherwise provided by law. Further, we are not responsible for funds on the Gift Card used without your knowledge. |
| 1.6 | The Gift Card is not a cheque guarantee, debit or credit card and cannot be used as one. Use of the Gift Card is limited to the amount of funds held on the Card. You cannot increase the funds on the Gift Card. |
| 1.7 | The minimum amount required to activate the Gift Card is 1p. |
| 1.8 | We reserve the right to supplement and/or amend these terms and conditions from time to time. We will post any changes on our Website and it is your responsibility to review the website for any changes to the Terms and Conditions. Changes will be effective five (5) hours after the posting of any such change. In the event of any change to these terms and conditions which results in the cancellation of your Gift Card or any material amendment to the scope of the Gift Card benefits, we will refund to you the outstanding balance on the Gift Card. |
| 1.9 | We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these terms and conditions and as stated in our Privacy Policy. |
| 1.10 | A Bonsai Direct promotional code can be used in conjunction with a Bonsai Direct Gift Card to make a purchase on www.bonsaidirect.co.uk only. |
| 1.11 | A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that act. |
Returns and Refunds Policy
At Bonsai Direct we guarantee only to send you first rate bonsai trees and will inspect everything carefully before it leaves us to make sure it’s in excellent condition. However, if you do have a problem, here’s what to do:
- Notify us within 3 days of delivery of any items that you need to return.
- Ensure that all bonsai have been cared for in accordance with the care instructions provided, and that items are not used or damaged.
- Return the item to us within 7 days of delivery (it needs to reach us in 7 days).
- If the item is a bonsai, please ensure that it is well watered before sending.
- Re-package any items securely in the original packaging.
Because bonsai are live plants and are perishable if not cared for correctly, they are exempt from the consumer contracts regulations which came into force on the 13th June 2014.
We regret that after 7 days of delivery, we are no longer able to refund, replace or accept return of a bonsai.
Also, because these are completely beyond our control, we cannot be responsible for any airborne pests and diseases such as fungal leaf spot or aphids. For loads more information on bugs, and our ‘friendlies’, please click HERE.
Products that do not meet these criteria will not be considered for return.
Please contact us before you send the product by clicking HERE.
If your request meets all of the conditions in our Returns Policy, we shall then get back to you with a return address. We regret we are unable to refund gift wrap.
Shipping charges for Returns
Shipping charges incurred in connection with the return of a product are non-refundable.
You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from Bonsai Direct.
Shipping Address and Amendments after Dispatch
We cannot be held responsible for incorrect shipping addresses. Amendments made to an order after dispatch will incur a £7.99 charge, as this is what DPD charges us to relabel a parcel. This process can take up to 48 working hours.
Additional Delivery Information
Safe Places – If you have previously allowed a safe place at your delivery address, DPD will use this if you do not answer. Regardless of your delivery notes. Unfortunately there is nothing we can do about this and it is in their terms and conditions when you allow safe places. If you need to remove safe places from your account, you need to contact them directly.
Monday Deliveries – If you have selected a Monday delivery, DPD may try to deliver over the weekend. This is out of our control but you can control it when you receive the 1-hour time slot from them. They do this to try and get ahead.
Damaged items
If you received a damaged product, please notify us within 24 hours of delivery for assistance. It is essential to include a photograph of any damaged items.
Our generic range bonsai are potted in “standard range” pots. These are a budget friendly pot, allowing us to keep the prices low and offer you lovely bonsai at an affordable cost. Each pot is handmade and hand glazed. Therefore at times they do contain small blemishes or slightly wobble. We check all of our pots on dispatch to ensure they are not integrally damaged. However, we regret that we cannot replace any pots with small imperfections.
Contact us
If you have any questions about these terms or our Returns and Refunds Policy, please contact us by clicking HERE.