Terms & Conditions
Welcome to the Lead The Good Life website Terms & Conditions. These Terms & conditions set out the basis on which you can visit and use our website and purchase products from us, Ideal Shopping Direct Limited, Ideal Home House, Newark Road, Peterborough, PE1 5WG (Company No. 1534758 and VAT Reg No. GB 738 1640 28) ("us", "our", "we") trading as "Lead The Good Life".
Customer Service Contact Details
Please either telephone on 03332 021061, 9am - 6pm, Monday - Friday (Calling us on a 033 number will cost you no more than calling 01 or 02 numbers from landlines or mobiles. If you get ‘inclusive minutes' with your package, calls on a 033 number will be part of these) or if you wish to contact us outside of these hours, you can email us 24 hours per day, 7 days per week at [email protected] or write to us at Lead The Good Life, c/o Ideal Shopping Direct Limited, Ideal Home House, Newark Road, Peterborough PE1 5WG.
By ordering online or offline from Lead The Good Life you accept these terms and conditions at the date of sale. Please read these terms and conditions carefully before placing your order. You may also wish to print a copy for your future reference.
1. Ordering from us
- Your order is an offer to us to purchase the product specified in the order. Our acceptance of an order takes place when we dispatch the product or take payment whichever the sooner.
- When ordering online, you are deemed to place an order with us by ordering via our online checkout process. As part of the checkout process you will be given the opportunity to check your order and to correct any errors.
- We may refuse to accept an order if:
- we cannot obtain authorisation for your payment
- there has been a pricing or product description error.
- When you place an order with us, we do have to ask for certain details to enable us to process and fulfil your orders and to notify you in the event of any queries. In addition to your name, address, credit or debit card number and expiry date, we will ask you for a telephone number in case of any problems regarding delivery. Unless you allow it, no outbound marketing calls will be made to this telephone number.
- Due to Customs regulations we are unable to guarantee delivery outside mainland UK for Apple and Pear trees.
2. Prices and Availability
- The price you pay is the price displayed on the website at the time we receive your order, except in the case of obvious error. All product prices are displayed inclusive of VAT (value added tax) unless specified otherwise but exclude delivery costs, which are detailed under Delivery Information.
- Products and services are subject to availability and may be withdrawn at any time, including after you have placed your order. If your order cannot be fulfilled we will let you know as soon as possible.
3. Descriptions and Substitutions
- Whilst we make every effort to show and describe our products as accurately as possible, there may be slight variations to the size, shape and colour shown. Illustrations and descriptions on our website are for guidance only. It is rare for the plants we despatch to be in flower - the images are purely for illustrative purposes only.
- We occasionally substitute products of a similar description, where for example the original item becomes unavailable. In the event that you are not happy with the substitute we send, you may return this to us immediately for a full refund.
4. Receipt of your Order
- Please ensure that you open the packaging immediately upon receipt, and carefully read through any instruction leaflet provided.
- Each plant variety, or product, may be packed separately, so if you order several varieties or products, these may arrive on different days. Please do not be alarmed if you do not receive your entire order on the same day.
- Your order may be despatched by different suppliers, please allow the full delivery timescale.
5. Cancellation and Returns Policy
- If you wish to cancel your order you can notify us before we have despatched the goods to you, or where the goods have already been despatched to you, you have a statutory right to cancel your contract up to 7 working days starting from the day after delivery, and return the products (see clause 5.2 below).
- Under the Distance Selling Regulations, if you are contracting as a consumer you have the right to cancel your order and obtain a refund for any item purchased (apart from the exceptions below) whether ordered by telephone or Internet. To cancel, contact us (at the address at the top of these conditions) up to 7 working days (so not including Saturdays, Sundays or Public holidays) starting the day after delivery of your item(s), giving details of the order and what you are returning. We will refund the cost of the products plus the cost of delivery to you within 30 days of cancellation (if requested to do so). You must take reasonable care of the products, and return them to us undamaged with the original packaging at your own cost within 30 days of delivery. If you do not we may claim the costs of recovering the products from you. For your protection, we recommend that you use a recorded delivery service to return items. Please note that this right to cancel does NOT extend to perishable items including cut flowers, cut and potted Christmas trees, although these returns exceptions do not affect your other statutory rights.
- If we sent you something you did not order and which was not a substitute item, please contact us within 7 working days informing us of the problem.
- If anything you receive from us is faulty or damaged we will replace it free of charge or fully refund the cost, reimbursing the postage if we have requested its return. Please contact us within 7 working days to inform us of the problem.
- All our plants should reach you in the same excellent condition as they left us. If you are dissatisfied in any way with their condition on delivery, please contact us within 7 working days and we will arrange a replacement.
- In the unlikely event that you change your mind, you can return an item in unused condition within 30 days for a full refund, although in this case return postage costs are not normally reimbursed.
- In all cases, before returning anything please contact Customer Services.
- This returns policy does not affect your statutory rights.
6. Plant Guarantee
- All our seeds are selected by our own experts to ensure high germination, quality and purity. All plants and bulbs are hand checked before despatch and will be in good condition at the time of delivery and true to type.
- Our plants are guaranteed for 30 days from receipt except plug plants, bedding plants, bulbs and seeds. If your plant fails to thrive within 30 days, please contact us at [email protected] In the event that a replacement is not available, we will offer you an alternative item or refund you. This guarantee does not include any plants damaged by you due to lack of watering or lack of proper horticultural care. Plants may not be replaced or refunded if the plant care guidelines sent with the plant have not been followed. .
- After 30 days, please contact us if you experience a problem with your plant. We will do our best to offer advice on how to care for the plant, and we may (at our discretion) offer a replacement item (either like for like or alternative item to an equivalent value due to seasonal availability) where a plant has failed to thrive. In those circumstances all you have to do is pay the replacement product charge.
- In addition to the guarantee we offer under 6.2 above, we recognise that some bare root plants take longer than 30 days to establish and thrive. You may contact us about these items and oleander plants up to one year from receipt. In the event that a replacement is not available, we will offer you an alternative item, all we ask is that you pay the replacement item charge. This guarantee does not include any plants damaged by you due to lack of watering or lack of proper horticultural care. Plants may not be replaced or refunded if the plant care guidelines sent with the plant have not been followed.
- This undertaking is in addition to your statutory rights.
- We accept Visa and Mastercard credit and debit cards and PayPal payment for goods. Payment for your purchases is collected at the time the order is placed although it may take up to 14 working days to despatch your goods after payment is taken. . Should any items not be available you will not be charged for them. In the event we have an unforeseen problem after your payment has been taken we will refund your money to the original payment method.
8. Risk and Ownership
- Risk of damage to or loss of the goods passes to you at the time of delivery to you (or the agreed delivery address) or, if you fail to take delivery at the agreed time, the time when we tried to deliver.
- You will own the goods once they have been successfully delivered and when we have received cleared payment in full.
- We will deliver the goods to the address you specify for delivery in your order. It is important that the address and any instructions you give about delivery are accurate. We will not be liable for any loss or damage to goods once they have been delivered in accordance with your delivery instructions.
- We will aim to deliver within the quoted time frame but delivery times are not guaranteed.
- We will not be liable for any loss caused to you by late delivery of plants or other products, or consequential and/or subsequent loss once you have accepted delivery.
- Whilst we endeavour to ensure the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the materials on this website, or the products and prices described on it, at any time without notice. The material on this website may be out of date and we make no commitment to update such material. We do not warrant the website's fitness for a particular purpose or the reliability of access to this site.
- The material on this website is provided "as is" without any conditions, warranties or other terms of any kind.
- We promise that for any product that you purchase from us, we have the right to sell the goods to you, that the goods will be of satisfactory quality and reasonably fit for the purposes for which goods of this kind are commonly supplied.
- Our liability to you is restricted to the purchase price paid by you for the goods plus any postage and packaging. Except to the extent set out in these terms, we exclude all liability and responsibility for any amount or kind of loss or damage that you or a third party may suffer (including without limitation any direct, indirect or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in any way to business interruption and whether in tort (including negligence), breach of contract or otherwise) in connection with this website, any material, information or advice given in this website or our breach of any agreement to purchase goods from us.
- Nothing in these terms and conditions shall affect your rights as a consumer or exclude or limit our liability for
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation; or
- Any liability which cannot be excluded or limited under applicable law.
- We will not be liable for damages or losses resulting from your use of or inability to use this website including but not limited to loss or damage due to viruses that may infect your computer equipment, software or data on account of your access to, use of, or browsing this website or your downloading of any material from this website. Neither do we guarantee that this website will operate free of error or that it is free from computer viruses or any other contaminating computer programme.
- Whilst we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
- We will not be liable to you or in breach of contract for delay or failure to perform due to any causes beyond the reasonable control of our suppliers or us.
- You agree that if you break these terms, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable).
12. Use of this site and Intellectual Property Rights.
- You may view, print or download extracts from this website for your own personal non-commercial use on the following basis:
- You may not modify any documents or related graphics on this website in any way;
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way;
- You must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text or modify them in any way;
- You may not use or exploit any part of this website for commercial purposes; and
- All of our copyright and trademark notices and permission notices appear in all copies.
- Unless otherwise stated, the copyright and other intellectual property rights in the software and all material on this website (including without limitation photographs, graphical images, artwork, data compilations, audio and video material, slogans and logos) are owned by our licensors or us. Any use of extracts from this website other than in accordance with clause 12 above for any purpose is prohibited. If you breach any of the terms of this clause, your permission to use this website automatically terminates and you must destroy any downloaded or printed extracts from this website.
- Subject to clause 12 above, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
- Any rights not expressly granted in these terms are reserved.
- You may not misuse this website (including without limitation by hacking) and you are prohibited from posting or transmitting to or from this website any material that is
- Threatening, defamatory, obscene, abusive, discriminatory or in breach of privacy; or
- Which is technically harmful (including without limitation computer viruses, corrupted data or malicious or harmful software); or
- Which may be contrary to the law or infringe the rights of any third party.
- To order products from us you must be 18 or over.
- Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
13. Links to and from other Websites
- Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
- If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
- You do not remove, distort or otherwise alter the size or appearance of our logo;
- You do not create a frame or any other browser or border environment around this website;
- You do not in any way imply that we are endorsing any products or services other than our own;
- You do not misrepresent your relationship with us nor present any other false, misleading, derogatory or offensive information about us;
- You do not otherwise use any trademarks displayed on this website without our express written permission;
- You do not link from a website that is not owned by you; and
- Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- We expressly reserve the right to revoke the right granted in this clause 13.2 for breach of these terms and to take any action we deem appropriate.
- You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 13.2.
14. Changes to the Terms
- We reserve the right to remove, modify or change without notice any information on this site from time to time. We may also change these terms at any time by posting notice of the changes on the site. If you use the site after any changes have been made you will be bound by the new terms. You should therefore ensure that you read the terms each time you use the site.
15. Governing Law and Jurisdiction
- We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
- You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
- If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
- Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
- If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation in which you breach these conditions.
- These terms and conditions and the policies referred to in them are the only terms which apply to your use of the website and the purchase of products from us. You acknowledge that you have not entered into this arrangement in reliance on any other statement, warranty or representation made by us.
By purchasing from Lead The Good Life you accept these Terms & Conditions.