Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods.
Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase and sale of Goods;
means the goods sold by Us through Our Site;
means your order for Goods;
means our acceptance and confirmation of your Order;
means the reference number for your Order; and
means Underleaf Ltd, a company registered in England under 11669016, whose registered address is 202 Ada Lewis Court, 34 Underwood Rd, London, E1 5AW and whose main trading address is of 94 Columbia Rd, London E2 7QB.
Our Site, www.underleaf-plants.com, is owned and operated by Underleaf Ltd , a limited company registered in England under 11669016, whose registered address is 202 Ada Lewis Court, 34 Underwood Rd, London, E1 5AW and whose main trading address is of 94 Columbia Rd, London E2 7QB. Our VAT number is 259435084.
These Terms of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business Terms of Sale: TBC.
Please note that We only deliver within the United Kingdom.
Goods, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
- Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
- Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary and
- Due to the nature of the Goods sold through Our Site, there may be some variance in the dimensions of those Goods between the actual Goods and the description.
We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, however such indications may be inaccurate from time-to-time.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 3 days, We will treat your Order as cancelled and notify you of this in writing.
In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Orders – How Contracts Are Formed
No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
Any refunds due will be made using the same payment method that you used when ordering the Goods
Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
Please note, we currently only deliver to addresses within Greater London.
All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process.
If for any reason we are unable to deliver the Goods to your chosen delivery address, we will leave a note informing you that the Goods have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.
Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
Any refunds due will be made using the same payment method that you used when ordering the Goods.
Faulty, Damaged or Incorrect Goods
By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at firstname.lastname@example.org as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund or replacement.
Please note that you will not be eligible to claim if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us merely because you have changed your mind. If you are a consumer, you have a legal right to a 14 calendar day cooling-off. Please refer to the section “Cancelling and Returning Goods if You Change Your Mind” below.
To return faulty, damaged or incorrect Goods to Us please contact us at email@example.com and we will reimburse you where appropriate.
Refunds (whether full or partial, including reductions in price) will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
Refunds will be made using the same payment method that you used when ordering the Goods
Cancelling and Returning Goods if You Change Your Mind
Please note, all plants are exempt from being returned unless they have been delivered in a substandard condition. If you find your plant(s) are delivered in poor condition it is important to take photos of them and the packaging they arrived in as soon as possible. You must then send the photos along with a request for either a refund or a replacement to firstname.lastname@example.org. Any issues with the condition of plants must be communicated to us within 48 hours of delivery.
For any other items you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
If you wish to exercise your right to cancel your Order you must inform Us of your decision within 14 days by email (email@example.com)
Please ensure that you return Goods to Us no more than 7 calendar days after the day on which you have informed Us that you wish to cancel.
Please note, You are responsible for any cost incurred from returning the Goods. All returns should be sent to the following address:
Underleaf Ltd, Unit 1 Dye House, 451 Wick Lane, E3 2TB
Refunds will be issued to you within 14 calendar days of us receiving the Goods back. Please note, the Goods will be inspected once they’re received and must be in resalable condition for Us to be able to offer a full refund
Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
How We Use Your Personal Information (Data Protection)
All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).