Contents

  1. Terms and conditions
  2. General Information
  3. Ordering
  4. Delivery
  5. Changes to your order
  6. Cancelling your order
  7. Returns and replacements
  8. Refunds
  9. Substitutes
  10. Plant care and information
  11. Communicating with you
  12. Pricing
  13. Payment
  14. Privacy
  15. Distance selling regulations
  16. Dispute resolution
  17. Liability
  18. Copyright and Trademark
  19. Third Party Information and links to and from other websites
  20. Survival
  21. Entire Agreement
  22. Law

The security of our site, how we deal with your information and how your orders are handled are very important to us. If you have any questions about how we operate and how your personal details are used, please read through the following information. If you have any queries relating to our terms and conditions, please contact us before placing an order.

TERMS AND CONDITIONS OF USE

This is where an Ally McBeal theme song would be playing in the background as we do our best to simplify our legal jargon (so we can go back to focusing on our relationships).

As with all terms and conditions, they are quite long and can get quite technical. We do our best to make them as simple as possible. They are pretty standard and designed to enhance your e-shopping experience and make your experience with us as easy and secure as possible.

The terms and conditions apply to the use of the MINNIKIN.co.uk website. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions).

Please note, these terms and conditions can potentially change at any time, and it is up to you to check these terms and conditions regularly before ordering from MINNIKIN in case there are any changes.

If you do not agree with the terms and conditions set out below, you should not use or access these websites.

If you have any queries relating to our terms and conditions, please contact us before placing an order.

General Information

MINNIKIN is the website of Minnikin Nickalls & Co. Ltd, 76 Crescent Lane London SW49PL, United Kingdom. Registered VAT number 268 9503 59. The following terms and conditions will apply between you and Minnikin Nickalls & Co. Ltd, when you buy an item from minnikin.co.uk. The terms do not affect your statutory rights.

- Your contract for purchases made through minnikin.co.uk is with Minnikin Nickalls & Co. Ltd and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.

- You warrant that all details you provide to minnikin.co.uk for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.

- You agree that e-mail can be used as a long-distance means of communication.

- During the registration process, you must choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from minnikin.co.uk under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to inform Minnikin Nickalls & Co. Ltd as soon as possible.

- It is a crime to use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law.

- Minnikin Nickalls & Co. Ltd reserve the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:

  • you fail to make payment to us when due
  • you breach any of our terms and conditions
  • when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
  • we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on minnikin.co.uk

Your Responsibilities if you break these Conditions

- You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable).

- You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

Ordering

- When placing an order, you agree that any and all information given is accurate and complete.

- All orders are subject to acceptance and product availability.

- Availability information for products is listed on each individual product description. If minnikin.co.uk does not have enough stock to deliver the goods you have ordered, we will not charge your credit or debit card until the items are back in stock and ready to be despatched.

- All prices listed on minnikin.co.uk are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. All prices include sales tax.

- No contract for the sale of any product will exist between you and minnikin.co.uk until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.

- This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P) and usual delivery times.

- You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.

- If your order has not been accepted, you will receive an email from us telling you the reasons why.

- Your Unique Code and offers cannot be used on sale products.

Delivery

- The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock or if you select different delivery dates.

- If when purchasing you opt for selecting a day of delivery, please be assured we do our very best to get the MINNIKIN to arrive on the requested day but this is not guaranteed especially over busy periods even though our couriers will do their upmost to get it to you on the requested date. We will not refund your delivery charges should your MINNIKIN be late (or early).

- If your order has not arrived on the requested delivery day or you have sent your order out as a gift, it is best to notify us within 3 days of the requested delivery date. We cannot be held responsible to replace items that have not arrived within 7 days of the requested delivery date, however please contact us as we will work with you to find a solution.

- Our couriers require someone to sign for them. If you expect no-one to be there, please complete in the notes section instructions where you would like your parcel left e.g. leave with neighbour, near front door, down side of house. This is a request only. Our drivers will leave a card sharing where they have left it.

- If the property is difficult to find or it does not have a house number or a sign or maybe a gated entrance, please fill in the notes section with any useful information that will be useful for the driver including a telephone number. When delivering to flats or communal properties please make sure someone will be there to take the item in for you.

- Goods may not always be left if unsafe to do so. If your plant is negatively affected due to challenges with delivery, we are not obliged to offer any replacement. However, contact us if you are not happy, and we will always try to work through a solution.

- All delivery addresses must be accurate and include a full post code. Inaccurate or incomplete address details may result in an administration charge being made to validate the information supplied. We will not be held responsible for any address errors made, due to receipt of inaccurate information which may result in loss of goods in transit, and no replacements will be offered for plants affected by delays in deliveries due to inaccurate postcodes or addresses given.

- No deliveries are made on a Bank Holiday, as everyone deserves a break.

- Business and School Addresses: We do deliver to both businesses and schools. Please make sure that you fill in the full name of the business, or the address of the school not forgetting the name of the person who is going to receive the order. Deliveries are made between 8am-5pm, please be aware that the parcel could be delivered after or before working business hours commence and finish. Please make sure that someone is in to receive delivery of the parcel, if not this may cause the item to be delayed.

Changes to Your Order

- We are not required to accept any changes to your order, however please contact us as soon as possible and we will endeavour to make your changes unless it has already been shipped.

- If your item has already been shipped we will contact you to see if there is an alternative arrangement that can be made, however we are not required to do so. It will depend on what the change is (for example, a change to the card, we may be able to send you a substitute card.) However, if it is the whole order and it has been shipped, it really is, the ship will have sailed and we will be unable to make any major changes or cancel your order.

- If a cost will be incurred to change your order, we will contact you to confirm you are happy to proceed.

Cancelling an Order

- If you haven’t submitted an order, you may clear the items in your shopping basket at any time by clicking the remove 'X’ button next to the product you do not wish to purchase.

- If you have placed an order but then wish to cancel it, please contact us as soon possible. If the order has not been processed we will look to cancel it, however we are not obliged to do so.

- After it has been shipped, it really is, the ship will have sailed and we will be unable to make any changes or cancel your order.

- If you contact us prior to it being shipped, and we are able to cancel your order, we will refund your payment within 7 days.

Returns and Replacements

- We want you to be happy (goes without saying), so if for any reason you are not, contact us within 3 days of receiving your MINNIKIN and we will do our best to resolve your concern. We will ask for you to send us a photograph of the delivered item on arrival. We only provide replacements or returns on damaged goods and that such damage has not occurred due to delivery and shipping reasons for which we are not responsible (such as incorrect address or item not being unpacked in a timely manner).

- Provided that you have contacted us within 3 working days of receiving the goods and we have received these pictures of the defective or damaged goods, we will determine the cause of the problem and refund or replace accordingly.

- If your item has been sent to you by a third party, and you would like to contact us about a concern with your MINNIKIN, please provide us with the original purchasers details (name and address and ideally order number).

- We do our best to package and protect our plants in transit, but occasionally things can get damaged on the way. Please be aware that plants in transit can suffer the odd broken branch, bud or flower and this will not affect the health or the longevity of the plant.

- If you have not contacted us within the quoted time period of 3 working days from receiving your MINNIKIN, we will deem it that you have accepted the goods. The 3 working days notifications ruling apply to all third party customers who have been in receipt of plants and goods.

- On the odd occasions the transport box may also be slightly crushed, wet or possibly damaged in transit in which no refund of the delivery would be applied. If the item inside the box when delivered is badly damaged please contact us immediately. Photographic evidence will be required.

Refunds

- If you do qualify for a refund, this will be payable to the original purchaser only and within 7 days of us agreeing a refund in writing.

Substitutes

- We strive to source the highest quality plants and we select plants that are the best quality at the time you wish to order. If we feel that a plant needs changing in order to offer you the best quality, we will replace it with something similar without notifying you.

Plant Care & Information

- The care instructions provide just that, how the plant will need care. If for any reason you do not have or cannot find your care instructions, please contact us and we will provide another set for you. We do our best to source the highest quality plant, it is up to the new owner to help it grow and thrive.

- Plants should be unpacked on the day of delivery. They should not be left in the shipping box, after their journey, they will want to be free. You need to follow the plant’s care instructions.

- Whilst every care is taken to select the highest quality and suitable plants, we cannot accept liability for plants that fail within 4 weeks from date of purchase nor can we be held responsible if your plant fails to flower or fruit at the given time. We cannot be held responsible for plants that die if they are not taken out of the shipping box on the day of delivery or if plant care instructions are not followed. All outdoor plants should be kept outside. Indoor plants should be kept in suitable temperatures. Put simply, whilst we offer the ‘gift’ it will need help in order to ‘grow’.

- If your plant should fail within 4 weeks from the date of dispatch, contact us and we will work with you to find a solution. Please detail the following when contacting us in order to better understand what went wrong:

  • Your order details or if you have been sent the plant as a gift, the delivery address of the gift and the full name of the sender
  • A summary of how the plants was cared for and how it was kept
  • Photographic evidence of the plant

- We will look at all the information provided, if we feel that we can help then we will issue a replacement plant. If we feel that plants are at risk in your care, we may suggest you focus your attention on getting the most from the other elements of the MINNIKIN, such as the hat box and bag.

- Plant failures that are over the 4 weeks from date of dispatch will not be replaced.

- Plants can fail for various reasons extreme weather conditions, pests, animals, airborne diseases, also plants may have not been planted out correctly or they may have been over/under watered or not perform as a result of neglect, basically reasons way beyond our control. Now we suggest you don’t take this as any sort of sign in general (there are many more plants out there), we seek a reasonable relationship with you and will take responsibility where we can but in cases beyond our control, we will just send you better plant karma for the future but no refund or replacements.

- Plants, flowers, bulbs, fruit may not be in full flower or fruiting when dispatched, all can vary on delivery according to the time of season.

- Plant care leaflets and cultural and growing information on the website is there for guidance only.

- From time to time we may in our sole discretion vary the nature of the goods from that advertised without notice to you, so as long as these variations are not material adjustments. Please be aware that plants may vary in colour  shape, and size so please be aware that descriptions and pictures of plants are approximate and should be used as a guide only.

- Please note, plants look different depending on what time of year it is and will not flower or fruit 52 weeks of a year.

- Price and colour of plants we sell may vary according to the season and what is available in the market place. Images on the website are realistic but natural variations in colour, shape and plant size can occur due to soil and aspect.

- Goods supplied are not for resale or propagation.

Communicating with You

- Once we receive and accept your order, we will email you with your purchase details.

- For delivery in the UK, you will be contacted by text message to be informed as to your delivery details.

- From time to time, we would like to share with you more about MINNIKIN but will only do so with your consent. You can unsubscribe at any time. If you are receiving information from us and you have selected to not do so, please unsubscribe and inform us that you had elected to not receive the information in the first place. And apologies, we really do try to be the opposite of annoying.

Pricing

- All prices include VAT at the applicable rate, when placing an order if the goods increase in price between the date we accept the order and the delivery date we would let you know of any price alterations.

- We would then ask for your acceptance of any changes to the order, confirmation of this would be done by contacting you. You would also be given the opportunity to cancel the order if you do not wish to proceed.

- Our charges for Packaging & Delivery and any other relevant charges will be detailed on the order page. Please make sure that you read the delivery details page for the correct pricing of delivery charges.

Payment

- Prices quoted are based on UK delivery.

- MINNIKIN.co.uk accept most major credit and debit cards and Apple Pay via Stripe.

- All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

Privacy

- MINNIKIN.co.uk will not pass on your personal, credit or debit card details to any third party.

- We will never ask for your MINNIKIN login details via email, phone or text message. If you receive an unsolicited email, phone call or text message asking you for your MINNIKIN.co.uk log in details or credit card details, please contact us immediately.

Distance selling regulations

- In accordance with the Distance Selling Regulations 2000 you have the right to return goods. Please note that plants are perishable and therefore this right does not apply in full to orders that are placed with us. However if you are not happy please contact us and we will work with you to find a solution where possible.

Dispute Resolution

- If you have a dispute with MINNIKIN, we’ll always try to sort things out if you contact us.

- If you are not happy with the resolution, Alternative Dispute Resolution is available, including online dispute resolution at http://ec.europa.eu/consumers/odr/

Liability

- We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.

- If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on minnikin.co.uk is incorrect for any reason, we will contact you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 7 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.

- In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace any damaged or defective goods, or refund you the amount you paid, provided that you notify us as set out in Returns and Replacements plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.

- We have taken every measure to provide accurate product images for each product for sale on the site. However, colour of plants we sell may vary according to the season and what is available in the market place. Images on the website are realistic but natural variations in colour, shape and plant size can occur due to soil and aspect. We strive to source the highest quality plants and we select plants that are the best quality at the time you wish to order. If we feel that a plant needs changing in order to offer you the best quality, we will replace it with something similar without notifying you.

- The products sold on minnikin.co.uk are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from minnikin.co.uk

- We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our computer servers.

- We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

- We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

- To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.

- We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

  • Any loss of goodwill or reputation; or
  • Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
  • Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees

Copyright & Trademark

- MINNIKIN is a Registered Trademark.

- All rights, including copyright, in the content of the minnikin.co.uk web pages are owned or controlled by Minnikin Nickalls & Co. Ltd.

- In accessing MINNIKIN.co.uk web pages, you agree that you may only download the content for your own individual and non-commercial use.

- You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the minnikin.co.uk web pages for any other purpose whatsoever without the prior written permission of Minnikin Nickalls & Co. Ltd.

Third Party Information & Links To and From Other Websites

- We cannot be held responsible for material displayed on third party websites or any other written material.

- The only prices that apply for MINNIKIN products are those stated on MINNIKIN material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.

- Links to third party websites on this Website are provided solely for your convenience.

- If you use these links, you leave this Website.

- We have not reviewed all of these third party websites and don't take responsibility for these websites or their content or availability.

- We therefore do not endorse or make any representations about them or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:

  • You do not remove, distort or otherwise alter the size or appearance of the minnikin.co.uk web site
  • You do not create a frame or any other browser or border environment around this website
  • You do not in any way imply that we are endorsing any products or services other than our own
  • You do not misrepresent your relationship with us nor present any other false information about us
  • You do not otherwise use any MINNIKIN trademarks displayed on this website without our express written permission
  • You do not link from a website that is not owned by you
  • Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations.

- We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate. You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of clause.

Survival

- Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

- These Conditions govern our relationship with you.

- Any changes to these Conditions must be in writing and signed by both parties.

- In this way, we can avoid any problems surrounding what MINNIKIN and you are expected to do.

- You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.

- Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

- The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.