Terms and Conditions of Sales

This document contains the terms and conditions of a contract under which Products are sold and purchased from www.teenygreeny.co.uk.
 
  1. Definitions and interpretations
1.1.The following words, when having a capitalised initial letter shall have the given meanings
‘Business Day’ means Monday to Thurday excluding public or bank holidays.
‘Business Hours’ means 10.00am to 2.30 pm (GMT) on any Business Day.
‘Company’ means Teeny Greeny Ltd, a company incorporated in England with a registered office at 5 Nibbs Terrace, Holt, Trowbridge, Wiltshire, England, BA14 6RX and a company registration number of 10605680.
‘Customer’ means the person making a purchase as named in the Order.
‘Order’ means a request by a Customer to the Company to supply Products.
‘Order Confirmation’ means a notice confirming the Company’s acceptance of an Order.
‘Products’ means kits to grow plant based micro vegetables.
‘Website’ means www.teenygreeny.co.uk
1.2.A reference to the word ‘includes’ or ‘including’ shall not be limited by any list, option or choice that follow such words.
  1. General
2.1.The advertising of products on the Website constitutes an ‘invitation to treat’; and
2.1.1.     The Customer’s Order constitutes an ‘offer to contract’; and
2.1.2.     The Company’s Order Conformation constitutes acceptance of the offer to contract.
2.2.These terms and conditions shall become binding upon an Order Confirmation being delivered to the email address provided by the Customer within the Order.
  1. The Products
3.1.The Products are as detailed on the Website and in any printed material that may published by the Company from time to time.
3.2.The Products when grown in accordance with the instructions provided by the Company are intended for human consumption by persons who do not have any allergies or intolerance to the vegetables provided.
3.3.The Products shall be as described, of satisfactory quality and fit for the intended purpose.
  1. Orders
4.1.A Customer may submit an Order for Products by completing the shopping cart on the Website and submitting payment equal to the cost of the Products and any delivery charges.
4.2.In submitting an Order the Customer warrants to being at least 18 years of age and has full capacity to make the Order.
4.3.Customers have the option of creating an account with the Company to speed up the Order process and retain a history of orders.
4.4.Upon receipt of an Order the Company shall provide the Customer with 
4.4.1.     A written Order Confirmation to confirm the Order has been accepted; or
4.4.2.     A written notice that the Order Cannot be fulfilled along with an option for the Customer to
  1. a)     Select an alternative Product; or
  2. b)     Wait for stock to be replenished so the Order can be fulfilled along with an anticipated date; or
  3. c)     Cancel the Order and receive a refund.
4.5.All accepted Orders will be processed and dispatched with 3-5 Business Days except where the Customer requests an express option.  
4.6.The Company will treat all personal information collect or given in connection with an Order or creating and managing an account in accordance with the Privacy Notice available at www.teenygreeny.co.uk/pages/privacy-notice
  1. Costs and payment
5.1.When submitting an Order the Customer shall make payment for the Order in full which may include
  1. a)     The cost of the Products; and 
  2. b)     The cost of delivery; and
  3. c)     The cost of any export or customs taxes if the Order is to be delivered outside of the UK.  
5.2.Costs are stated in GBP.
5.3.The Company may delay dispatch of Products in the event that full payment is not received in cleared funds.
  1. Delivery
6.1.The Company shall arrange for delivery of the Products in accordance with the delivery option requested and paid for in the Customer’s Order.
6.2.The Delivery of products is via a third party delivery or courier service and subject to the terms and conditions of service of the delivery provider. 
6.3.The Company have no control over products once dispatched and cannot guarantee any delivery time beyond the guarantees provided by the delivery or courier service. The Company cannot be held responsible or liable for any delays or for a failure to deliver within a stated time.
6.4.Dependant on the selected delivery option a signature may be required and it is the Customer’s sole responsibility to ensure that someone is available to receive and sign for the Order when delivered. 
6.5.If no one is available to accept and sign for the delivery, a failed delivery notice will be left by the delivery company which will include information for what to do to re-arrange delivery.
6.6.If the Customer has not re-arranged delivery within a time sated on the failed delivery notice the Products shall be returned to the Company. 
6.7.If a product is returned undelivered the Company shall attempt to contact the Customer to arrange re-delivery which will be subject to a payment of an additional delivery charge.
6.8.If an Order is incomplete in any way or is received damaged the Customer should note this on the courier’s delivery note and notify the Company providing full details in writing within 3 Business Days of the delivery.
  1. 7.     Cancellation
7.1.The Customer has the right to cancel this contract without giving reason.
7.2.The right to cancel shall expire 14 days after the day the Customer acquires, or a third party other than the courier indicates that you have acquired the Products. 
7.3.To exercise the right to cancel the Customer must inform the Company of your decision with a clear statement in writing to Teeny Greeny Magic Microgreen farm, Holt, Wiltshire, BA14 6RX or feedme@teenygreeny.co.uk.  You may use the model cancellation form at the end of these terms and conditions but it is not obligatory.
7.4.To meet the cancellation deadline it is sufficient for the Customer to send the statement cancelling the contract before the cancellation has expired.
  1. Returns
8.1.A Customer may return the Products if
  1. a)     the Products are delivered damaged or faulty;
  2. b)     the Products are of unsatisfactory quality;
  3. c)     the Customer cancels the contract under clause  7.
8.2.The Customer should contact the Company by email to obtain a ‘Returns Reference Number’.
8.2 a) when receiving returned goods, create a video using your phone of you opening up the package (do not open the package until the video is rolling) and taking out the contents. Examine each item, giving a commentary of what each item is, how many there should be and the condition that it is returned, making sure that any damage is shown close to the camera and verbally stating anything that is missing.
8.2 b) save the video to a memory stick or other form.
8.3.The Customer shall securely package the Products and return the package within 5 Business Days of receiving the Returns Reference Number to Teeny Greeny, Magic Microgreen farm, Holt, Wiltshire, BA14 6RX and include the Returns Reference Number on the outer packaging.
8.4.The Customer shall be responsible for the cost of returning any Products and should obtain proof pf postage or collection by a courier.
  1. Replacement Products and Refunds
9.1.If the Customer returns any Products because they are damaged or of unsatisfactory quality the Company may 
  1. a)     offer the Customer replacement Products; or 
  2. b)     a refund of all payments received from the Customer, including the cost of standard delivery (excludes enhances or express delivery costs over and above standard delivery costs).
9.2.  The Product cannot be considered to be of unsatisfactory quality if
  1. a)     The Customer has not correctly followed the instructions provided by the Company;
  2. b)     The Customer has used or added any component not provided within the Product;
  3. c)     The Customer has not used any component of the Product;
  4. d)     The Customer has misused or mishandled any part of the Product;
  5. e)     The Customer has attempted to use the Product beyond its intended purpose;
  6. f)      The Customer’s expectations are unreasonably high when into account the price and inherent limitations of the Product;
9.3.If the Customer returns any Products as a result of cancelling the contract under clause 7 the Company will refund all payments received from the Customer, including the cost of standard delivery (excludes enhances or express delivery costs over and above standard delivery costs) and the Company may make a deduction from any refund for any loss in value of any returned Products if the loss is the result of any unnecessary or miss-handling.
9.4.The Company shall make any refund without undue delay and not later than
  1. a)     14 days after the day the Company receives back from the Customer any Products supplied; or
  2. b)     (if earlier) 14 days after the Customer provides evidence that the Products have been returned; or
  3. c)     If no Products were supplied before cancellation, 14 days after the day on which the Company were informed about the Customers decision to cancel.
9.5.Unless agreed otherwise The Company will make the refund using the same means of payment as the Customer used for the initial transaction.
  1. Risk and Ownership
10.1.  Risk in the Products shall transfer to the Customer upon delivery.
10.2.  Ownership in the Products shall transfer to the Customer upon the Customer deciding to accept or use the Products; or upon expiry of the cancellation period whichever is sooner
10.3.  Until Ownership transfers to the Customer the Customer shall hold and possess the Products as Bailee and fiduciary agent.
  1. Liability
11.1.  The Company’s liability in connection with any Products is strictly limited to the purchase price or the replacement cost of the relevant Product.
11.2.  Nothing in these Terms and Conditions will limit or exclude liability for
  1. a)       death or personal injury caused by the Company’s negligence;
  2. b)      fraud or fraudulent misrepresentation;
  3. c)       anything that is incapable of limited or excluded in law;
  4. Law and Jurisdiction
12.1.  These Terms and conditions are constructed in accordance with English law.
12.2.   The Company and Customer submit to the exclusive jurisdiction of the courts of England and Wales to adjudicate any dispute arising under or in relation to these Terms and Conditions.