Terms and Conditions

Heart of the Country Ltd Terms & Conditions

“Supplier” means Heart of the Country Ltd, Company Number 06767723, whose registered office address is Home Farm, London Road, Swinfen, Lichfield, Staffordshire, WS14 9QR

“Purchaser” means the purchaser of any goods provided by Supplier

“Goods” means all products provided by Supplier to Purchaser

Formation of Contract

These terms and conditions shall apply to all contracts for the sale of goods by the Supplier to the Purchaser, whether the order is placed by order form, email or telephone, to the exclusion of all other terms and conditions including any terms and conditions which the Purchaser may purport to apply under any purchase order, confirmation of order or similar document.

All orders for goods shall be deemed to be an offer by the Purchaser to purchase Goods pursuant to these terms and conditions.

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Purchaser’s acceptance of these terms and conditions.

Any variation to these terms and conditions (including any special terms and conditions agreed between the parties or the Purchaser and the Supplier’s agent) shall be inapplicable unless agreed in writing by a Director of the Supplier.

Orders are accepted entirely at the Supplier’s discretion.

Specification

All Goods supplied by the Supplier shall be in accordance with the current catalogue as published and amended from time to time.

Goods available from the Supplier shall be those listed on the current price list but the Supplier shall not be liable for any direct or indirect loss suffered by the Purchaser in the event that Goods are out of stock, discontinued or otherwise unavailable.

Delivery and Risk

The Purchaser is deemed to have accepted delivery of the Goods upon their delivery to the address specified on the order form.

Risk in the Goods shall pass to the Purchaser upon delivery.

The Supplier will use all reasonable endeavours to deliver the Goods to the Purchaser within 7 days from the date the order is placed however, time of delivery is not of the essence and the Supplier shall not be liable for any direct or indirect loss suffered by the Purchaser as a result of delay.

The Supplier reserves the right to make delivery of Goods in instalments and to tender a separate invoice in respect of each delivery.

If the Supplier makes delivery in instalments at the request of the Purchaser the Supplier reserves the right to charge carriage on each delivery if the value of the Goods delivered is under £200.00.

A shortage not exceeding 10% will be considered due execution of an order.

Title and Payment  

Title in the Goods will not pass to the Purchaser until payment in full has been received in cleared funds.

A Purchaser’s first order is proforma i.e. Goods must be paid for before delivery to the Purchaser.

For all subsequent orders payment is due within 30 days of the date of the invoice subject to the Purchaser providing satisfactory references to the Supplier.

If the Purchaser fails to make any payment in full by the final date for payment the Supplier may charge the Purchaser any reasonable additional administration costs and/or interest (both before and after Judgment) on the amount unpaid at the rate of 4% above the base rate from to time of the Bank of England or at the prevailing rate of the Late Payment of Commercial Debts (Interest) Act 1999 (as amended), whichever is the higher.  Such interest shall be compounded with weekly rests.

In the event of late or non payment the Supplier reserves the right to place the Purchaser on proforma terms for subsequent orders.

The Purchaser may elect to remain on proforma terms following its first order and the Supplier will grant the Purchaser a 4% discount on orders paid for on proforma terms where such proforma terms are made in accordance with this sub clause only.

Guarantee

In the event a guarantee has been required and signed, should the Guarantor revoke the Guarantee the Supplier reserves the right to decline further orders from the Purchaser and/ or to return the Purchaser to proforma terms.

Price

Prices are as stated on the current order form and are exclusive of VAT.

The minimum order is £100.00 plus carriage.

Carriage will be paid by the Supplier on orders over £200.00 to UK Mainland only excluding Scottish Highlands.

Carriage will be paid by the Supplier on orders over £300.00 to N. Ireland, Scottish Highlands, Channel Islands or Isle of Wight.

Carriage will be paid by the Supplier on orders over £500.00 to Eire.

Damaged and faulty Goods

If the Goods delivered are damaged or defective or the delivery is of an incorrect quantity, the Supplier shall have no liability to the Purchaser unless the Purchaser completes the Credit/ Return Application Form which is available on our website and returns it to the Supplier within 7 days of the date of delivery.

Credits, returns and replacements

If for any reason you are not satisfied with your Goods, requests for credits to return or replace Goods must be made by using the Credit/ Return Application Form which is available on our website. You have the right to return the goods to us within seven days of receipt. Carriage will be at your expense. You will be refunded to your account, the full value of the returned goods. Shipping costs are not refundable.

Force Majeure

The Supplier shall not be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond its reasonable control.

Exclusion

The Supplier excludes liability to the fullest extent permitted by law for any direct, indirect or consequential loss or damage suffered by the Purchaser howsoever caused as a result of any negligence, misrepresentation, breach of contract or otherwise.

The Supplier shall not be liable for any direct, indirect or consequential loss or damage suffered by the Purchaser as a result of any misrepresentations made by its agent.

Waiver

Waiver of any part of the terms and conditions by the Supplier does not constitute a waiver of any other part of the terms and conditions.

Third Party Rights

Notwithstanding any other provision of the Contract, nothing in the Contract confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.

Jurisdiction and Governing Law

These terms and conditions shall be governed by and construed in accordance with the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.

 

Display Unit Terms and Conditions

“Display Unit” means the Greenleaf branded cardboard unit which holds 6 trays of scented sachets

“Display Unit Product” meanstrays of 9 Greenleaf scented sachets, in fragrances selected by the Supplier, provided at the same time as the Display Unit

“Unit” means both the Display Unit and the Display Unit Product

“New Customer(s)” means a customer who has not purchased any goods from the Supplier within the last 2 years

“Supplier” means Heart of the Country Ltd, Company Number 06767723, whose registered office address is Home Farm, London Road, Swinfen, Lichfield, Staffordshire, WS14 9QR

“Purchaser” means the purchaser of any goods provided by Supplier including New Customers

These terms and conditions are agreed between the Purchaser and Supplier in addition to the Supplier’s Terms and Conditions available at http://www.heartofthecountryltd.co.uk/terms/

  1. These terms and conditions relate only to the supply of the Unit.
  2. All orders for the Unit shall be deemed to be an offer by the Purchaser to purchase the Unit pursuant to these terms and conditions.
  3. Acceptance of delivery of the Unit shall be deemed conclusive evidence of the Purchaser’s acceptance of these terms and conditions.
  4. The Supplier offers the Unit to New Customers on a sale or return basis and will accept the return of the Unit provided the following conditions are met:
    1. The Unit is returned within 60 days of dispatch from the Supplier;
    2. The Display Unit is in the same condition as when supplied and has not been damaged, marked or altered in any way by the New Customer;
    3. The Display Unit Product is in the same condition as when supplied and has not been damaged, removed from its packaging or marked by the New Customer.
    4. The sale or return will come to an end when the New Customer places an order for additional Display Unit Product or 60 days after the Unit was dispatched by the Supplier.
    5. The Supplier will only accept the return of the Unit if the following returns procedure is followed:
      1. The Purchaser must inform the Supplier of its intention to return the Unit by email to sales@heartofthecountryltd.co.uk
      2. The Purchaser must package the Unit for its return to ensure that it will be accepted by the Royal Mail and will not be damaged during transit;
      3. The Supplier will then arrange to uplift the Unit and the Purchaser must ensure the Unit can be uplifted at the designated time;
      4. Following receipt and inspection of the Unit by the Supplier, the Purchaser will be given a refund within 30 days provided the conditions in clauses 5 and 7 are met. Should part of the Unit not comply with the conditions in clause 6 the Supplier will refund the Purchaser with the proportion of the price for the Unit that does meet the conditions in clause 5.