Terms and Conditions

We accept payment by credit/debit card or cheque/postal order.

Credit card payment can be made via our on-line facility or by telephone.

Orders will not be dispatched until payments have cleared

UK DELIVERIES ONLY (POSTAL SURCHARGES APPLY FOR N. IRELAND, OFFSHORE ISLANDS AND SCOTTISH HIGHLANDS AS PER CONDITIONS OF SALE 2.2)

We send an invoice/copy of the order with the actual order when it is sent.

We only dispatch on Mon/Tue/Wed. We aim to dispatch your orders as quickly as possible, however please be patient with us during busy times.

If you require a particular dispatch date please contact us and we will do our very best, however we cannot guarantee delivery days/times. In this instance please give us plenty of notice.

During extreme weather conditions e.g. sub-zero temperatures, we may delay shipping if we feel that the goods will not survive in the postal system.

On occasion if a product becomes unavailable we may offer a substitute of similar value.

All live plants must be unpacked immediately upon receipt.

All plants are sold for decorative purposes only and should NOT be used for food or medicinal purposes unless specifically stated. The term herb does not necessarily mean the plant is suitable for culinary use.

Many plants can be poisonous or irritant to humans and/or animals. As the purchaser it is your responsibility to ascertain the suitability and safety of the plant for each individual purpose.

Conditions of Sale

1. GENERAL
1.1 All orders are accepted subject to the provisions of these Conditions of Sale.
1.2 We reserve the right to refuse or decline to accept any order.
1.3 The delivery to us of an order constitutes acceptance by the customer of these Conditions of Sale and the Trading terms.
1.4 Orders are accepted subject to availability at the time of despatch and acceptance of the order does not constitute guarantee of delivery.
1.5 If any part of these conditions is held to be unreasonable invalid or unlawful the Court or other competent tribunal shall have the power to strike out or override that part whether it be the entire condition or conditions or parts thereof and to enforce these Conditions as if the unreasonable invalid or unlawful part or parts thereof aforesaid had not been included.

2. DELIVERY/DISPATCH
2.1 Funky Flora Ltd reserve the right to deliver the goods by split deliveries, in which event each delivery shall be deemed to constitute a separate contract.
2.2 Deliveries to the Scottish Islands, Scottish Highlands, Northern Ireland, Isle of Man and Scilly Isles will incur a postal surcharge. Please request a quote prior to placing your order online. (POSTCODES – BT, IM, IV, HS, KA27-28, KW, PA20-49, PA60-78, PH17-26, PH30-44, PH49-50 TR21-25 AND ZE)
2.3 Deliveries are made by 1st class Royal Mail or courier dependent on item purchased.

3. DESCRIPTIONS/PICTURES
3.1 All plant descriptions and pictures are for guidance only.
3.2 Dependent on the time of year plants may not be in flower when delivered.
3.3 Deciduous plants shipped in winter will have bare branches and will not normally produce new growth until the spring.
3.4 Flower colours may vary from those shown in the pictures.
3.5 All measurements are approximate and are for guidance only.

4. COMPLAINTS
4.1 Any complaint of non-delivery must be made to us within 4 days of notification of dispatch having been sent by us to the customer.
4.2 Any complaint that any goods delivered are not of the correct quantity or description or have been delivered in a damaged state shall be notified to us by telephone or e-mail within 24 hours of their receipt by the customer and if required by us such complaint shall be confirmed in writing within 3 days of such notification. Funky Flora Ltd reserve the right to request further information and or evidence to support such a claim i.e. photographs etc
4.3 Any complaint of alleged defect in the goods shall be notified to us within 7 days of delivery, or in the case of any alleged defect not reasonably apparent upon delivery, then within 7 days of the date upon which the defect actually did come to the notice of the customer, or might reasonably have been expected to come to his/her notice, whichever is the sooner.
4.4 In respect of complaint under this Condition Funky Flora Ltd shall be afforded all reasonable facilities to investigate the complaint either by inspection of the goods at the place of delivery or by requiring the customer to return a sample of goods complained of to us forthwith on request.
4.5 No complaint under the terms of these Conditions of Sale can be considered unless clear proof is furnished to us that the goods alleged to be unsatisfactory were the goods supplied by us and that they were subsequently grown carefully and correctly throughout.

5. PLANT BREEDERS RIGHTS
5.1 It is illegal to propagate vegitatively any plant subject to plant breeder’s rights, without the necessary licences. We try to mark all such plants, but it is the buyer’s responsibility to check before propagating.

6. EXTENT OF LIABILITY AND WARRANTIES
6.1 Every effort is made to ensure that plants supplied are true to type and free from pest or disease but any warranties or conditions whether express or implied as to the quality of or fitness for the purpose supplied or productivity or freedom from pests or disease are expressly excluded.
6.2 Whilst any advice offered by Funky Flora Ltd is given in good faith the health and growth of plants is affected by many factors and Funky Flora Ltd shall not be liable for any consequences of any technical information, recommendations, statements or advice given by Funky Flora Ltd or its staff or agents of Funky Flora Ltd.
6.3 Where the customer deals as a consumer within Section 12 of the Unfair Contract Terms Act 1977 the terms set out in Section 12, 14 and 1 5 of the Sale of Goods Act 1979 are implied into the contract.
6.4 Funky Flora Ltd shall, at its option replace with similar goods any goods which do not comply with the contract, or allow the customer credit for the invoice value of the goods, or to the extent that the goods are not of Funky Flora Ltd processing or growth, assign to the customer (so far as Funky Flora Ltd is able to do) any warranties given by the grower or processor of the goods to do so.
6.5 Where Funky Flora Ltd is liable in accordance with this condition in respect of only some or part of the goods the contract shall remain in full force and effect in respect of the other part or parts of the goods and no set-off or other claim shall be made by the customer against or in respect of such other part or parts of the goods.
6.6 In no circumstance (save provided for in 6.7) shall the liability of Funky Flora Ltd to the customer exceed the invoice value of the goods.
6.7 Notwithstanding any other provision hereof no liability of Funky Flora Ltd for death or personal injury resulting from Funky Flora Ltd negligence is hereby excluded or limited.

7. FORCE MAJEURE
Funky Flora Ltd shall not be responsible for delay in delivery or non-delivery of the goods or any part thereof occasioned by any Act of God, action by any Government, strike, lock-out, other industrial action, riot or civil commotion, breakdown of machinery, power failure, fire, failure of crop growth by Funky Flora Ltd or on its behalf, loss and or detention at sea or any other contingency beyond its control. Should any of the goods be rendered unfit for delivery by reason of any of the above acts or events, the contract shall be deemed discharged.

8. DEFINITIONS - in these conditions:-
8.1 "the customer" means the purchaser placing the order and entering into the contract with Funky Flora Ltd
8.2 "the goods" means the plants or other goods, which are the subject of the contract.