Terms of Trade

TERMS & CONDITIONS OF TRADE

 

DEFINITIONS

1.1 “VLN Ltd” shall mean Van Lier Nurseries Ltd or any agents or employees thereof.

1.2 “Customer” shall mean the customer, any person acting on behalf of and with the authority of the customer or any person purchasing goods from VLN Ltd.

1.3 “Goods” shall mean all goods, provided by VLN Ltd to the customer, and shall include any fee or charge associated with the supply of goods by VLN Ltd.

1.4 “Price” shall mean the cost of the goods as agreed between VLN Ltd and the customer subject to clause 3 of the contract below.

 

PRICE

2.1 All orders placed online are a confirmation of quantities and an indicative quote only. Length and price are confirmed on dispatch. If there are shortages of product, a Van Lier team member will contact you.

2.2 The price for product sold by Van Lier Nurseries Ltd over peak periods such as Christmas, Mother's Day and Valentine's Day will differ from the pricing listed on our website. Customers will be notified of price changes via our newsletter or may obtain a price list directly from us.

2.3 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods that is beyond the control of VLN Ltd between the date the order was placed and the delivery of the goods.


PAYMENT

3.1 Payment terms are seven days by direct debit. On a Thursday, Van Lier Nurseries will send a statement via e-mail indicating all transactions in the seven days prior and the amount that will be processed as a direct debit on the following Wednesday.

3.2 All goods remain in the property of Van Lier Nurseries Ltd until paid for in full and payment has been received in full.

 

CONSEQUENCES OF DEFAULTING ON PAYMENT

4.1 Should a direct debit default you will be notified by Van Lier Nurseries with either an e-mail or phone call.  The direct debit will be re-processed the following week unless payment is made by an alternative method.

4.2 Should you not pay the price stipulated on the invoice which will be e-mailed to you when the flowers are dispatched and itemised on the statement sent to you weekly, Van Lier Nurseries Ltd may take action against you for the recoveries of the monies owing.

4.3 In the event in a default in payment and while the default continues, you must pay default interest.

4.4 Default interest accrues at a rate of 2% of the total amount per month or part thereof. The total amount owing includes any default interest that has been added to the original invoice amount.

4.5 Any expenses, disbursements and legal costs incurred by Van Lier Nurseries Limited in the enforcement of any rights contained within these terms and conditions of trade, shall be paid for by the customer, including any reasonable solicitor’s fees or debt collection agency fees.

 

DELIVERY

5.1 Time for delivery is not of the essence of the contract.  VLN Ltd reserves the right to cancel the order for reasons of crop failure, strike, lockout, act of God or other extraordinary circumstances.  (All delivery, packaging and freight charges are at the customer’s cost).

 

RISK OF LOSS

6.1 VLN Ltd accepts no risk for loss in delivery and all losses or damage are at the customer’s risk and cost.

 

TITLE

7.1 Where the customer has not paid for any goods in its possession property in such goods shall remain with VLN.

7.2  The customer gives irrevocable authority to VLN Ltd or a VLN Ltd agent to enter upon and into land and premises owned, occupied or used by the customer, where the goods are situated and take possession of the goods, without being responsible for any damage thereby caused in cases referred to in clause 7.1.

 

RETURN OF GOODS

8.1 The customer shall be deemed to have accepted the goods unless the customer notifies VLN Ltd otherwise within 48 hours of delivery of the goods with photos of the affected product. At this point VLN will open discussions with the customer to reach a resolution.

 

LIABILITY

9.1 Except as otherwise provided by state VLN Ltd shall not be liable for any loss or damage of any kind whatsoever whether suffered or incurred by the customer or another person whether such loss or damage arises directly or indirectly from goods or services or advice provided by VLN Ltd to the customer and without limiting the generality of the foregoing of this clause VLN Ltd shall not be liable for any consequential loss or damage of any kind including without limitation.

 

CONSUMER GUARANTEES ACT

10.1 The guarantees contained in the Consumers Guarantees Act 1993 are excluded where the customer acquires goods or services from VLN Ltd for the purpose of a business in terms of section 2 and 43 of that Act.

 

PERSONAL GUARANTEE

11.1 Where the customer is a company, the directors of the company, undertake to personally pay VLN Ltd the unpaid overdue balance and any interest accrued pursuant to clause 4 of this contract immediately on written request by VLN Ltd.

11.2 In consideration of VLN Ltd entering into this contract , the customer guarantees jointly and severally to VLN Ltd the payment obligations of the customer pursuant to clause 11.1

 

MISCELLANEOUS

12.1 Failure by VLN Ltd to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any rights or obligations VLN Ltd has under this contract.