Trading Terms and Conditions of Sale.
Binding Document No 1-
Trading Terms and Conditions of
Sale
In ordering products, especially seed
and plants from ' Design By Nature' the Buyer accepts the following
terms and conditions.
Refund:
Where packaging is unopened:
DBN will refund or replace any
seed free of charge, provided the product was 'not opened'
and where the customer pays for the postage or
delivery cost in returning the product.
Where packaging is
opened but not sown:
DBN reserves the option to replace any ' defective'
seed, before sowing, free of charge. Moth eggs may be present
in some wildflower seed mixtures and single species products, these
do not constitute defective product as we tend not to chemically
treat our seed.
Where product is
sown:
No refund will be available in respect of any
product after the product is sown and this shall be the limit of our obligation.
We do replace seed if customers fail to grow our seed,
however this is at the discretion of DBN, occasionally, where a
customer has carried out all stages of site preparation and sowing
correctly or due to weather, weeds or unavoidable circumstances, we
do replace seed because we stand by genuine and proper attempts to
grow wildflowers.
DBN will not replace seed for customers who sow it
on unprepared ground, without proper sowing or maintenance. If grass
seed is mixed with our seed we will not replace the mixture.
Our seed is proven to
germinate and grow, countless hundreds of customers can provide testimony
to the viability of our seeds.
If an entire mixture fails to grow, or grows
and fails to perform over time, it is your fault, and not that of
DBN. Certain species always grow.
If one
species fails to grow in a mixture, it is probably our fault
To date
: DBN has replaced seed to 76 customers since 1990. That is
less than 5 failures per year. In less than 10 cases we could
attribute the mixture being wrongly specified by DBN (over the phone
or online) and not due to the seed failing to germinate. In most
cases the customer got it wrong so we replaced the seed.
Conditions of Sale:
Every effort has been made to supply horticultural 'wild origin' native Irish seed and plants of indigenous flora to the best of our ability and to the highest
standards that we can achieve.
DBN (Ire), the seller, is in no way responsible for any damage arising from the use of any of our products be they seed, plants or advice, or in any failure in the performance of or any defect in any products supplied by us.
In particular, seeds and plant parts are biological and therefore are subject to natural decay, wastage, biological attack and such which may be beyond our control, in no way can we be held
responsible for these natural processes having effect on our products,
furthermore, failure may be due to methods of storage and transport to the customer, as supplied or used by a third party, or in the handling and or storage by the customer of our products after delivery.
Failure or defect may also arise due to the horticultural treatment applied by the end user to the horticultural products supplied by DBN, horticultural treatment such as seed treatments, ground
preparation, sowing methods, aftercare and use of any chemicals or growth regulators, in addition environmental conditions will also effect seed and plants products, therefore in no way can we are we responsible or accept
liability for for any damage arising from the use of any of our products be they seed, plants or advice, or in any failure in the performance of or any defect in any products supplied by us.
The giving or sending of an order constitutes an acceptance of these terms by the buyer or customer.
Guarantee: In the case of live
seeds and plants, failure to grow does not imply the product was
faulty. However DBN will replace seed to customers who operate and use or products in good faith, have
also followed our advice and will contact us as soon as a problem arises.
Photographs
of seedlings and plants in the meadow and photos of the site in
general must be taken of the site before and after sowing and when
the meadow or weeds germinate and grow. this includes photos for every
year to the third year.
Wildflower seed can fail, especially if sown outside DBN's recommended sowing
periods, or where the soil is not clean of unwanted plants or weeds which will effect the growth of the products we supply. Wildflowers can also fail due to
management or biological reasons beyond our control.
Offer: The buyer accepts the following terms and conditions, or will notify DBN (Seller) regarding deviations prior to confirmation of order.
DBN reserves the right to refuse to supply its products to any buyer for whatever reasons.
Advice: The seller, DBN is not liable for consequences of any type of technical or cultural information provided, as every horticultural
situation sown with wildflowers is different, the buyer should verify and check advice.
Dispatch: The seller only accepts an order when it is dispatched (a weather clause applies) and none other will suffice, under no circumstances will the seller accepts an order until stock is mixed or available at the moment of dispatch.
Price & species changes: Prices issued are subject to alteration or withdrawal without notice. Price changes may be due to harvest conditions or factors beyond our control.
Where mixtures change due to non-availability, the nearest suitable species will be substituted.
If an item or mixture becomes out of stock the customer will be refunded or sent the nearest item to suit the site.
Regulations: All seed, where applicable, will comply with IE and EU Regulations, regarding mixtures, blends and the normal rules of trade.
However be aware that DBN like most wildflower seed suppliers world wide, DBN sells open pollinated and uncertified (by registration) seed and plants and therefore is not a supplier for seed
certified for agriculture, forestry or horticultural. Instead we use Irish native wild origin wildflower un-certified germplasm which means we do not comply with IE and EU Regulations (as of the time of writing 2005) for reasons that the EU and Irish Government do not have specific regulations regarding our products.
2023 NO CHANGE IN EU OR IRISH LAW
Credit Terms: No credit is allowed unless expressed in writing and agreed with Design By Nature prior to dispatch.
Late payment terms
Resale, (Landscapers Take Note): DBN Bulk Seed is not intended for resale to third parties and is therefore not subject to conditions of failure to the third party unless a resale agreement has been requested and agreed prior to acceptance of an order placed with DBN. The reasons are simple third parties are usually not
equipped to handle seed or plants in storage for an period of time beyond normal delivery and next day sowing, weather permitting.
Discount:
Discount is given to bulk or regular buyers and not given because they are
re-sellers of horticultural product.
Delivery: Where the cost of postage, packaging, carriage or VAT alter, the customer will be charged or credited accordingly. Any additional cost will be notified. Design By Nature retains the right to withdraw any offers of free delivery at any time.
Delivery time: Orders can be dispatched next day or in the next day available, weather permitting, and always within 5 working days during the official seed sowing time, outside spring and autumn seed and plants are dispatched when ready, and not
before. In all cases allow up to 30 full working days in off-sowing times.
Courier and Postal: A third party delivers our products, be it courier, An post or other, once dispatched from DBN, we cannot be liable for delivery time only for tracking delivery. All our couriers and
'Án Post. promise next day delivery, we find this is only the case if your address is on a main route or Urban, rural address take on average two full working days from dispatch.
Acceptance:
Seed: Orders should be checked on receipt of delivery. Wildflower seed or any seed products cannot be returned if the seals are broken on the glued, gummed or sealed package containing the seed. Notify DBN of intent to return within 3 days of delivery.
Plants: All plants can be returned on inspection within 10 days provided notice is given within 3 working days from receipt of delivery or are deemed accepted (seals may be broken.)
Responsibility of the purchaser: Liability for the condition of seed, plant or design material remains the sole responsibility of the purchaser from the moment of acceptance of delivery until returned.
Failure to receive or accept delivery without notifying DBN will cause the purchaser to accept liability for stock and become fully liable to charges resulting in damage of stock.
Improper handling; following delivery will also cause liability. Third party bailee will apply.
Consideration: All stock, seeds, plants and designs remain the property of DBN until paid for in full.
Any resultant growth of unpaid for product is also the property of
DBN. In such case for right of access to the land to collect seed or
remove plants is hereby now given by the buyer for the purposes of
this consideration and acceptance of terms of sale.
Disclaimer Genetically Modified Organisms: It is DBN policy not to engage in the production of
'GMO plant species'. If GMO's cross-pollinate with our crops via the process of natural selection, cross breeding or cross-pollination, DBN cannot nor will not take responsibility, as we do not set out to produce GM crops. Where GMO's are found in our own crops or is passed on to the consumer or end user through our products. DBN will bear no responsibility for that/all, which may arise.
As of 2000, we have noticed genetic pollution of Wild Red Clover
from cultivars introduced in the past 40 years .
BUY Wildflower Seed
and Plants NOW
Legal title and trade names:
Mr Sandro Cafolla T/a Design By Nature-(Registered business trading No 109182)
VAT number IE 3656298P
Irish Wildflowers Registered business trading No 119464 Conservation Grade Native Wildflower Seed & Plant Producer.
Wildflowers.ie, Irish Wildflower Growers & All Go Wild are trading name
DBN is a Department of Agriculture, Food and the Marine, (DAFM) :
Registered Native Sourced Irish Wildflower Seed Grower, Harvester,
Supplier, Processor, Mixer and Packer DAFM Registered No: IECS-44
|