Terms & Conditions

 

www.mimmacks.co.uk is a site operated by

We are registered in under company number and with our registered office at

Our main trading address is 
Mimmack Aquatics
Goatsmoor Lane
Stock
Essex
CM4 9RS    

Our VAT number is 7003234 01

By purchasing goods from us you enter a legally binding contract with us on the following terms. You should read and understand these terms because they affect your rights and liabilities.

These terms describe the basis for purchase by you and sale by us of the products described on this web site.

Your Status

By placing an order through our site, you warrant that:

    You are legally capable of entering into binding contracts;
    You are at least 18 years old;
    You are resident in the United Kingdom (mainland only); and
    You are accessing our site from the United Kingdom (mainland).

Definitions and Interpretation

In these terms the following words have the following meanings.

Contract

The contract for the sale and purchase of the Goods.

Delivery Area

We deliver to all of the UK. For deliveries outside the UK please contact us.

Details of the order

The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).  Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction. The Goods that can be ordered via our Web Site are available for sale outside the United Kingdom please call.

Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Products.

Postage and Packaging

Postage and Packaging is charged on all orders unless otherwise stated

Payment terms

We will charge your credit/debit card account for payment upon receipt of order unless delivery cannot be fulfilled within 30 days. Items with a lead-time greater than 30 days will be charged up to 7 days prior to despatch. We accept no liability if a delivery is delayed because you did not give us the right payment details. If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.  We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.

Delivery

We will deliver the Goods to the address you specify for delivery in your order.  If payment is made by card goods must be sent to the address as shown on the cards statement.  It is important that this address is accurate. It is a condition that all orders despatched will require a signature on delivery. We will never leave items unless they have been signed for. We cannot accept any liability for any loss or damage to the Goods once they have been delivered and signed for. We will aim to deliver the Goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

Transport is by First Class Post or by Courier service.

• UK Mainland Orders Under £30 is £7.50
• UK Mainland Orders over £30. is £10.95
• UK Mainland Express Courier Service £15.00 (we will contact you to arrange a day that suits you)
• Scottish Highlands is £23.00 (if order over £20

Risk and ownership

Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.  You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full.

Returns/Options to cancel

By law, customers within the European Union have the right to a ‘cooling off period’ within fourteen working days of their purchase being delivered during which the contract can be cancelled.

To cancel a contract you must inform us in writing by email.

You must return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Once we have received and inspected the returned Product(s) we will process your refund as soon as possible and in any case within 14 days of the day you have given notice of your cancellation provided the Product(s) have been returned to us in the same condition as delivery.  In this case we will refund the price of the Product in full, including the cost of sending the item to you up to our cheapest delivery method (we will not refund premium delivery surcharges).  You are responsible for the cost of returning the item to us.  We recommend that you return all items to us via recorded delivery as we will not be liable for any damage or loss whilst in transit.

If you return a Product to us outside of the 14 day period because you claim it is defective we will examine the returned Product and if you are entitled we will notify you of our intentions to either repair, replace or refund via email within a reasonable period of time.  We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product.  In these cases we will refund the cost of the Product, the delivery to you and up to £6.50 of the cost of return to us (proof of carriage cost will be required).

Refunds to you will be made using the same payment method you originally used when purchasing the Product(s).

Pricing

Our Product(s) to you will be charged at the price displayed on the website. If however a Product(s) is priced incorrectly, we will inform you of the correct price before proceeding with the Contract.  We are under no obligation to provide Product(s) to you at the incorrect price.  All prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our delivery information page. 

Prices can change at any time but will not affect orders which have already been placed and accepted.

Warranties

We aim to provide high quality products to our customers. Products are covered by the manufacturers guarantee. Although we aim to provide our customers with high quality products and takes all reasonable steps to ensure you are pleased with your purchase, unless otherwise stated our products are covered only by the manufacturer’s guarantee.

Matters out of our control

We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.

Privacy

Please read our customer privacy policy, which explains how we will not pass on your details to any third party.

Governing law and jurisdiction

These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.
 

 

 

Delivery:

Transport is by First Class Post or by Courier service.

• UK Mainland Orders Under £30 is £7.50
• UK Mainland Orders over £30. is £10.95
• Scottish Highlands is £23.00 (if order over £20
• Express Courier Service = allows you to pick a specific day (Tue-fri) for delivery is £15.00

Orders are dispatched as early as possible when the planting season commences.  As this period is somewhat restricted, a large number of orders accumulate and can only be dealt with in rotation.  It is therefore to our mutual advantage to order well in advance whenever possible.  Some plants are not ready to be mover until late May or early June.  If this is the case, the bulk of the order is sent with a note of plants to follow.

Loss or Damage:

If your order arrives damage, you should notify us immediately and steps will be taken to rectify the matter.

Substitution:

Although we have large stocks of most subjects, a few, at any given moment, may by reason of heavy demand, be in short supply or out of season.  Should this occur, a similar item of at least equal value will be substituted, failing instruction to the contrary.

Payment:

We accept online payments by VISA, Mastercard, Switch, Solo and American Express.
At out nursery we also accept cash and cheques, accompanied with a Cheque Guarantee Card.