Terms and Conditions

In these Terms & Conditions “I” or “Me” refers to Monique Parker, the owner of the shop and the Website.

 “Live Animals” refers to Live Cultures, Live Fish & Insects.

VAT is not charged. This shop is small and not registered for it.

This Shop is for individual customers only. I do not produce goods en mass.

1. Acceptance of Terms & Conditions

By accessing the content of “Banky Gardener Website & Shop” you agree to the Terms & Conditions listed below and accept the Privacy Statement. If you do not agree with any part of these Terms & Conditions set out here you should not use any of the products or services provided by this Website.

2. Between You and Me

The following Conditions are between the Seller, Monique Parker the Banky Gardener, and you, the customer for the delivery of wares. These Conditions are also valid for all future relations, even though they haven’t been agreed to again. Varying conditions of the customers that “I” didn’t expressly accept are not binding for “Me”, even though “I” didn’t expressly object.

3. Offers and Conclusion of Contract

  1. The offers of “Banky Gardener Shop” are not binding if not specified as such.
  2. The product images on the website don’t always display the actual appearance of the product. They may be similar. Technical changes, as well as changes in shape, colour and/or weight, stay reasonable.
  3. “I” accept orders within 2 weeks after receiving them. After receiving an order the customer is sent an E-Mail confirming the details (Order Confirmation). This order confirmation is not an acceptance of the order. It is information that “I” received the order. A contract is in place when “I” ship the products and send a second E-Mail confirming the shipment has left. This does not affect your right of cancellation.
  4. On the demand of the customer “I” will send an E-Mail with these Terms and Conditions.

4. Payment

  1. The prices at the time of order are binding, but can change without notice. That means the customer will not be charged extra if the prices of ordered products change before their order is shipped.
  2. The order price includes a shipping fee that will be shown before submitting your order.
  3. Payment can be made through the normal checkout process by clicking the “checkout” button by PayPal to enter your details.
  4. The customer is liable to pay the debt within 30 days. After the 30 days, from the date of shipping, you are in default.
  5. If a customer or “I am” in default, please contact “Me” to discuss how to proceed. The proof of a higher damage is reserved for “Me”.

5. Delivery and Times of Delivery

  1. The shipment is sent with a delivery service “I” chose. Usually Royal Mail, iPostParcels, Parcel Force or InterLink Direct.
  2. Items are normally sent within 3 to 7 working days if not otherwise stated, but “I” reserve the right to send items within 2 weeks if “I” require that time. The customer will be notified if any unforeseen complications occur.
  3. Those complications can be:
    1. Some livestock can die unexpectedly with no obvious reason. That can cause shortages in supply and fulfilling orders will be slower. This is kept to a minimum but with all live stock, problems can occur.
    2. Some treatments are slower to produce. Everything is made fresh.
  4. The customer will be informed via E-Mail that the shipment has left the house.
  5. If required “I am” able to send part shipments and services at any time as long as it is reasonable. For example, if one Item is available right away but another can only be delivered the following week.
    Subsequent deliveries are for the customer free of charge.
  6. If an ordered Item is not available at all the customer will be informed via E-Mail. The customer will be offered a similar item of equal or higher value at no extra cost, if possible, or the money is refunded.
  7. Details of estimated delivery times, shown during checkout, are not binding if “I” didn’t send a binding consent stating the delivery time and date (in individual cases only).
  8. A detailed bill is included in every shipment. Printed T’s & C’s and Privacy Statement are included on request.
  9. Shipping Dates:
    1. Royal Mail – Monday to Thursday for First Class UK,
    2. Royal Mail & iPostParcels – Monday to Thursday for Special Next Day by 1pm (Livestock)
    3. iPostParcels – Friday for Special Next Day Saturday Guarantee by 1pm (Livestock)
    4. APC – Next Day UK – Monday to Thursday (Livestock)
  10. Please note that no shipments will be sent on or before Bank Holidays and Saturday. Also “I” won’t send out shipments in adverse weather conditions irrespectively of the delivery times stated above. In these circumstances, the customer will be informed & orders will be sent to the next possible date.
  11. International Orders
    Due to restrictions on livestock and chemicals (even natural) I do not ship outside the UK.

6. Reservation of Proprietary Rights

  1. “I” reserve the right of ownership until “I” have received full payment for the wares.
  2. The customer is responsible to care for the items sold accordingly.
  3. The customer is responsible to notify “Me” in case of third parties accessing the wares sold. For example the distraint, damage or the destruction of the wares during transit. The customer is also obligated to notify “Me” in case of a change in ownership of the wares sold or the change of own address. Use your account information do chance address.
  4. “I” reserve the right, in case the customer acts contrary to the contract, especially when in default or violation of a duty as mentioned in provision 2) and 3), to cancel the contract and demand the return of the wares (non-live goods only).

7. Cancellation Instructions

Customers can cancel the contract within two days for livestock and two weeks for non-live goods without stating any reasons in the form of an E-Mail or the return of the wares (non-live goods). The customer can request this Cancellation of Contract Terms in text form along with the shipment or in e-mail. The term begins the day the customer received the shipment. It is recommended to return the shipment in sufficient time in order to meet the cancellation period.

Please write to:                             

E-Mail: [email protected]

These Cancellation Terms do not exist in contracts to:

– deliver wares that have been produced to the customers specifications or special needs or based on the wares condition like live animals or plants that decay easily or by their sell by dates, are not suitable for return or

– Delivery of audio- or video material or software, if the recorded media has been unsealed

– Delivery of books, newspapers or magazines.

Consequences of cancellation/Return

In case of an effective cancellation both sides have to refund all services provided (excluding postage paid).

Wares able to box for shipment are returned on “my” risk. (Dry Goods only)

Live animals and foods are seen by law as used and cannot be returned.

If Live Animals/Food have been delivered in good condition but die shortly after delivery, “I” will not redeliver or refund. “I” cannot take responsibility how the livestock is kept after delivery!

Shipments not able to box can be disposed of after given consent from “Me”.

Please send pictures by e-mail on the day of receipt to confirm the condition of the items. (Live and Dry Goods)

The customer has to pay for returning a shipment that was delivered in good condition.

8. Refunds:

It is the customer’s responsibility to provide correct information. Refunds will not be given, if your order can not be delivered due to typing errors or missing details in any information you provide to “Me”.

“I” will not accept refund requests for live goods (send by next day & first class) if the post or courier has tried to deliver but no one was in. The customer needs to make sure someone is in to take these perishables.

Please note:

Refunds do not include postage costs. Once your order is posted, the postage paid is used up. Postage is only refunded if your order has not left the house, yet.

The customer & “I” are liable to reimburse goods/payments within 30 days after cancellation has been send.

End of Cancellation Instructions

9. Transfer of Risks

The Transfer of Risks to loss and sudden deterioration of the wares shipped, changes over to the shipper, freight forwarder or who or whatever institution responsible for transporting the package to the customer on receipt of the shipment.

10. Guarantee

  1. The customer has the choice of rectification or replacement.
  2. In case of a failed subsequent improvement, the customer can demand a reduction of the wares sold or cancellation of the contract. If only a minor infringement of contract is detected, especially by detection of minor faults the customer has no right of cancellation.
  3. If errors or missing information in the customer details provided are detected and this leads to non-delivery of the wares, no refunds/ redelivery can be given/made.
  4. Customers have two weeks for dry goods and 1 day for live animals to notify “me” in writing (E-Mail) after an obvious fault has been detected. The time of receipt of your claim is instrumental. Failure to notify “me” of any fault within the 2 weeks or 1 day period will cause your guarantee claim to expire.
  5. If the customer chooses cancellation of contract after a failed subsequent improvement, because of defects in title and/or material, then they won’t be able to claim compensation for damages suffered.
  6. If the customer chooses to claim damages after failed subsequent improvement, then the wares sold stay with the customer if this is reasonable.
  7. If the customer receives a false instruction sheet “I” am only obligated to replace the false instructions with an error-free one. Instruction sheets/ Guides are supplied on request and are sent as a link in e-mail or as a download in the customer’s accounts.
  8. Basically, live animals are seen by law as used objects, which can contain obvious or hidden defects. Animals with regenerating or regenerated defects on limbs or fins as well as healed wounds are not seen as faults. That definition includes inner parasite infections that “I” can’t diagnose. For these instances “I” can’t be held liable, but assure that only healthy looking Animals or plants are chosen for sale.
  9. By animals with gender selection option, “I” choose to the best of “My” knowledge. But “I” can not be held liable for a gender guarantee.
  10. The depictions of live animals on the website are examples only. Depending on the breeder and/or climate of natural habitat can be cause for a lesser or more obvious difference in colour and/or bodily features. Taxonomical differences of species and subspecies within one category have to be accepted due to unclear definitions in technical literature for many animals.
  11. After receipt of the plants or animals the transfer of risk to loss and/or worsening of the plants or animals health changes over to the customer. “I” will not be held liable for any losses incurred through incorrect handling of the above mentioned wares. Reasons for incurred losses can be wrong water equivalents, temperature and incorrect feeding habits that are out of “My” control. The customer is obligated to obtain information about the chosen species on their own accord through the individual descriptions provided, the internet, books or other means, before purchasing the chosen animals, cultures and plants. The customer should always consider the care instructions provided. These care instructions don’t present a claim to completeness. They are only guides to the best of “My” knowledge.

10. Modification

Monique Parker reserves the right to change any part of these Terms & Conditions at any time without notice and your use of the Website will be deemed as acceptance of this agreement.

Monique Parker also reserve the right to modify or remove any part of the Website without warning or liability arising from such action.

11. Copy Right

Pictures on this Website are either the property of Monique Parker or free to use from stock sites.

12. Disclaimers

“I” do not guarantee uninterrupted availability of the Website and/or its products and cannot provide any representation that using the Site will be error free.

13. Third Parties

The Website may contain hyper-links operated by other companies. “I” do not control such Websites and take no responsibility for, and or will not incur any liability in responseof, their content.

14. Severance

If any provision of this agreement is held to be invalid or unenforceable, such provision shall be removed and the remaining provisions shall remain in force.

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