Terms & Conditions
These terms in no way affect the statutory rights of a consumer. Headings are for ease of reference only and shall not affect the interpretation of these Terms of Business.
Definition
Seed Megastore Ltd is a company registered in the England & Wales with the company number 11573589 and whose registered office is at 10 Barons Croft, Nuneaton, CV10 9QQ.
“Buyer” means the entity who accepts Seed Megastore Ltd quotation for the sale of goods or whose order for goods is accepted by Seed Megastore Ltd.
“Goods” unless the context otherwise requires shall in these Terms of Business mean seeds, seedlings, and any other items supplied by Seed Megastore Ltd.
Standards
Where applicable seed sold by us complies with U.K. Seeds Regulations. The price list on the website and in the catalogue cancels all previous offers and due to fluctuations in exchange rates or seed availability issues we reserve the right to alter prices without notice.
Latent Defect or Pathogen
Plant diseases can be transmitted by wind, insects, animals or human agencies and may be seed or soil borne. We believe goods sold to be free from defect but we do not guarantee this and we will not be responsible in any way for the resultant crop. Seed is supplied at horticultural standards, we do not warrant that seeds are free from human pathogens and growers using it in high risk food production operations such as sprouted seeds or microgreens are advised to take suitable precautions.
Limitation of Liability
In the event of any goods supplied by us not complying with the terms of contract of sale of any goods proving defective we will at our option replace the goods free of charge or refund all payments made in respect of the defective goods. This will be the limit and the sole-extent of our obligation. We hereby exclude all liability whatsoever (whether based on negligence by us or our employees, suppliers, subcontractors, agents or otherwise) for any loss, expense or damage whether direct or consequential arising in any way whatsoever in connection with any goods supplied by us whether due to any failure in the performance of or any defect in any such goods or otherwise howsoever save for the liability for such replacement or refund as aforesaid. In accordance with the established custom of the seed and horticultural trade any express or implied condition, statement or warranty statutory or otherwise whatsoever not expressly stated in these Terms and Conditions of Business is excluded. The price of all goods sold by us is based upon the foregoing limitations upon our liability and would be much greater if a more extensive liability were required to be undertaken by us. Supplied seed may not be used for breeding or reproduction purposes.
Treatment
Seed Megastore Ltd confirms that where, at the Buyer’s request, any treatment is applied to seed, we shall use reasonable endeavors to ensure such treatment is carried out with reasonable skill and care and in accordance with the treatment manufacturer’s instructions. Seed Megastore Ltd accepts no responsibility whatsoever for the effectiveness or otherwise of any treatment.
Complaints
No complaint under the terms of these Terms of Business can be considered unless clear proof can be given that the goods alleged to have performed unsatisfactorily were in fact the goods supplied by us and were treated carefully and correctly throughout and subject to such conditions as were likely to produce favorable results.
Title and Risk
Until paid for in full, all goods supplied by us remain our property which shall be kept on the Buyer’s premises separately from the Buyer’s own goods or those of any other person and in such a manner as shall render them readily identifiable as our goods and they shall be properly stored, protected and insured until such time as the property in the goods passes to the Buyer. Risk passes to the Buyer on delivery of the goods. Until such time as the property in the goods shall pass to the Buyer we shall be at liberty, at any time, to require the Buyer to deliver up the goods to us and if the Buyer fails to do so forthwith, we shall be entitled to enter upon any premises where the goods are stored and repossess the goods and the Buyer hereby grants us an irrevocable license to do so which shall continue in force notwithstanding the termination of the contract for any reason.
Buyer’s Obligations
The Buyer confirms they shall not use seeds purchased from Seed Megastore Ltd for reproduction of seed in contravention of the Plant Breeders rights within the meaning of the Plant Varieties Act 1997 nor shall you use the seed for breeding or for seed multiplication.
Buyers from outside of the UK shall specify with their order the specification which is acceptable to the importing authority in your country, including details of phytosanitary requirements, international certification, importation documents, import licenses, invoice details, disease and virus specification and you are entirely responsible for this. Buyers are responsible for the exportation from the UK and importation to your territory of the Seeds. Seed Megastore Ltd shall use reasonable endeavors to comply with the phytosanitary requirements notified to it. Seed Megastore Ltd shall have no obligation in respect of the production of export or import licenses or other documentation required by the country of destination or any countries the seed delivery may pass through.
If Certificates are required for seed sold within the UK or for export, Seed Megastore Ltd will apply for and they will be issued only subject to the General Conditions laid down by the Department for Environment, Food & Rural Affairs in the form HH83 of February 1972 and other amendments thereto.
Use of Seed
The seeds sold by Seed Megastore Ltd are not edible and must not be eaten directly by humans. The seeds are also not suitable for sprouting and must not be used for the production of sprouted seeds when seed, or at least part of the seed, will be eaten as part of this final product.
Intellectual Property
All intellectual property rights, including trademarks with regards to the products are and shall remain the sole property of Seed Megastore Ltd. The Buyer will not use trademarks, logos or photos that are the property of Seed Megastore Ltd unless authorized by us to do so.
Insolvency
1) If the Buyer (a) has a receiver or liquidator or administrator appointed in respect of any property or business undertaking (b) announces that the Buyer has ceased or is ceasing to trade (c) fails to make any payment when due or suspends payment (d) notifies any creditor that the Buyer is unable to meet debts or that he is about to suspend payment of any debts (e) calls or holds a meeting of creditors (f) commits an act of bankruptcy or is adjudicated bankrupt or has an administration order made (g) being a limited company enters into liquidation (other than for the purpose of re- construction or amalgamation) (h) enters into any arrangement or composition with or for the benefit of creditors or (i) suffers any distress or execution to be levied upon the Buyer’s goods then notwithstanding any previous arrangement for deferred payments all sums payable by the Buyer to us shall immediately become due and we shall have the right (without prejudice to any other right or remedy available to us) to cancel or suspend further deliveries under the contract.
(2) On the exercise of any rights or remedies we shall not be liable to pay any compensation to the Buyer.
Arbitration
Should any dispute arise we shall be at liberty to require it to be referred to arbitration under the provisions of the Arbitration Act of 1950, 1979 and any modifications thereafter. Damage, Delay or Loss in transit
The Buyer should inform Seed Megastore Ltd as soon as possible by phone if the goods have been delayed or have arrived damaged so that a claim can be lodged with the carrier. If the goods are not received within fourteen days of dispatch, then Seed Megastore Ltd should be contacted to enable a claim to be made against the carrier and a replacement dispatched.
Force Majeure
Should the fulfilment of any Contract or order be prevented or delayed by Act of God, action by any Government, blockade, revolution, prohibition of export or import, riot, civil commotion, strikes, lockouts, force majeure, failure of crops, breakdown of machinery, power failure, fuel shortage, loss and/or detention at sea or any other contingency beyond our control, we will not be responsible for any loss and/or damage occasioned thereby. Should any of the goods be rendered unfit for delivery by reason of any of the above acts the Contract so far as it relates to those goods shall be deemed to be cancelled.
Returns
Seed Megastore Ltd will only accept returns where it has given written permission in advance. The returned seeds must be in the original packaging with the seals unbroken, and in a resalable condition. Returns must be delivered to Seed Megastore Ltd within 7 working days of the receipt of seeds by the Buyer. This clause does not apply to seed returned which has been agreed in advance by Seed Megastore Ltd to have quality issues.
Terms are strictly net 30 days from the date of invoice, unless agreed otherwise. Interest at 5% per month will be charged on all overdue accounts, commencing from the date of falling due. We reserve the right to refuse to accept orders received if agreed credit limits have been exceeded or until the account for previous supplies has been settled. Value Added Tax will be charged at the standard rate (currently 20%) as appropriate on all ornamental seeds, also postage or carriage charges. VAT will be charged on EC exports unless your VAT number is advised when placing your order.
Acceptance of Terms
The giving or sending of an order to us constitutes acceptance of all these terms and conditions by the Buyer, who deemed to purchase with full knowledge thereof regardless of as to whether or not the goods being the subject of the order are listed in the catalogue, or on the website. If the Buyer does not accept these terms, they must return the goods within 7 working days of the receipt of this invoice, quoting the invoice number.
THESE TERMS SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND SUBJECT TO THE JURISDICTION OF THE ENGLISH COURTS.