Terms of Sale

sale
TERMS AND CONDITIONS

Purchasing
When you make a purchase of any of our Products via our website jardinland.com.mt, you enter into a legally binding agreement with us on the below Terms and Conditions of purchase. You should understand that by ordering any of our Products, you agree to all of these Terms and Conditions.

All Orders placed through our website are subject to acceptance by us.  After placing an order we will confirm acceptance of your submitted Order by sending you an e-mail Order Confirmation.

The contract will relate only to those Products whose order we have confirmed in the Order Confirmation.  We are not obliged to supply any further Products which may have been part of your Order until it has been confirmed in a separate Order Confirmation.

Whilst every effort is made to ensure a clear and accurate description of our Products we sell, please note that there may be slight variations in size, shape and colour shown in our Products.  Illustrations and descriptions supplied on our website are for guidance only.  We reserve the right to vary the content of any of the Products advertised on our website without notice to you, provided these variations do not materially alter any of the Products sold.

Links to Other Websites
We may provide links on our website to the websites of other companies, whether affiliated with us or not.  We accept no guarantee that any products you purchase from third party sellers through our site will be of satisfactory, and any warranties are Disclaimed by us absolutely.  This Disclaimer does not affect your statutory rights against the third party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

Consumer Rights
If you are contracting as a consumer, you may cancel an Order at any time within 3 Working Days, beginning on the day that you placed the initial Order.  In this case, your Order will be terminated with no consequence, as payment has not yet been taken for any Product(s). However, cancelling of an Order cannot be processed once the Product(s) have been dispatched. Our products are Perishable, and therefore we do not authorise refunds of any kind.

To cancel an Order, you must inform us in writing. Details of how to cancel an Order are provided in the Order Confirmation.  This provision does not affect your statutory rights.

Delivery, Price and Payment
Products will be at your risk from the time of delivery.

Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges that may be applicable. After committing an Order, Payment will only be taken once Order Delivery is successful.

The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.

These prices include VAT but exclude any Delivery Costs that may occur. Any Delivery Costs will be added to the Total Amount Due for the Product(s).

Prices are liable to change at any time, but changes will not affect any Orders that have already been confirmed through the Order Confirmation email sent to the customer.

Our website contains a quantity of products, so therefore it is always possible that, despite our best intentions, some of the products listed on our website may be incorrectly priced or marked as “In Stock” when they are no longer available. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you.  If a product’s correct price is higher than the price stated on our Website, we will at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you accordingly.

We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Orders must be by Paypal.

We will only accept orders for items which are currently showing as “In Stock” on our website when you place your order.  In the event that a Product is listed as being “In Stock” but is found to be of unsatisfactory quality at the time of intended dispatch, we will notify you immediately. If for any reason we are unable to fulfil your Order within 30 days, the Order shall be terminated, and can be re-placed at any time.

Notwithstanding any other rights we may have (which are specifically reserved), in the event that we are unable to take full payment of the products from your specified account, we reserve the right to cancel the Contract forthwith or to suspend any pending deliveries to you.

All reasonable care is taken by us to ensure all information provided by you in connection with your order is kept secure.  In the event that you may suffer loss through a third parties unauthorised access to any data you provide to us when accessing and ordering from our website, we cannot be held liable for that loss unless it is solely due to our negligence.

Delivery
We do not currently deliver to anywhere outside of Malta and Gozo.

Our wide range of products may include some large and heavy items that need additional lifting and handling so the certain Delivery Costs may be applicable.

To ensure that our plants arrive in the best possible condition, they are delivered directly from the nursery in specially designed packaging to ensure their protection during transit.

Deliveries are made Monday to Friday excluding Saturdays, Sundays and Public Holidays. Pickup can be affected from our Ghajn Tuffieha store from Monday to Sundays. Full opening times are listed on our Contact page.

Standard delivery is 3 to 7 Working Days. We always aim to meet our delivery times, but no guarantee can be made. This may be for reasons beyond our control. Large Orders and heavier items may also take longer to deliver.

All Delivery Costs are inclusive of VAT unless otherwise stated.

Delivery is charged at the rate of €10 for orders below or equal to €15.
Delivery is charged at the rate of €5 for order above €15.

We recommend that you provide us with a safe alternate delivery address at which to leave a delivery – perhaps a neighbour – in case for whatever reason your Order cannot be delivered direct to you. Delivery will be attempted only once: if nobody is found at the address provided then a note is left for collection of items from our premises.

Cancelling An Order
If you wish to cancel an accepted Order please email us as soon as possible at info@jardinland.com.mt giving us your Order Number provided on the Order Confirmation email.  If the accepted Order has not already been dispatched we should be able to stop it for you.  If the accepted Order has been dispatched then the product will be delivered and payment authorised.

We cannot return, exchange or refund any of our Products. Our plants cannot be re-used unlike other manufactured products, so please be advised to check your order to the best of your ability, to avoid any wrong information being sent to us.

Our plants may vary in appearance from the images displayed on our website. Please note that plants rest and bloom at different times of year, and so the images displayed may or may not reflect this.

All our plants are delivered straight from the nursery in carefully designed packaging to protect the plants as much as possible.  If you receive a plant in poor condition for some reason please contact us within 48 hours. We may ask you to send a photo of the plant so that we can confirm the cause of the problem.

If there is an issue with damage or poor quality we will happily exchange the item and arrange collection of the unwanted product by courier.

Privacy and Security
Subject to the terms of our Privacy Policy and Terms and Conditions, we do not pass on any email address or contact details to any third party.

When you place an Order with us, we do have to ask for certain details to be able to make a Contract for the Sale and Delivery of the Products.  In addition to your name, address, credit card number and expiry date, we’ll also ask you for a telephone number in case of any problems regarding delivery.   Our website is fully secure, with all of the information you give us kept confidential.

Please read our Privacy Policy which sets out how any information held by us about you may be processed or dealt with.  By proceeding to place your Order you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy.

Our Liability
We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.

If any of these Terms and Conditions or any provisions of an Order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Agreement
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.

We have the right to revise and amend these Terms and Conditions at any time to reflect changes, including but not limited to, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and Terms and Conditions in force at the time that you order a product from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within 7 Working Days of receipt by you of the Products).

Law and Jurisdiction
Orders for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Maltese law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Malta.

Fraud Prevention
To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the Order Process against appropriate third party databases. By placing an Order (and thus accepting these terms and conditions) you consent to such checks being made.