Our Terms

These General Terms and Conditions apply to all offers made by the wholesaler (the ‘Seller’) and to all agreements established between the Seller and the customer (the ‘Buyer’), as well as the fulfillment of those agreements. Unless explicitly agreed upon in writing, the Buyer’s terms and conditions are excluded. Pot & Petal is a trading name of Earthen Pots Ltd.

Any modifications to these terms must be expressly agreed upon in writing. Such modifications will take precedence over the General Terms and Conditions.

OFFERS/AGREEMENT

1. All offers made by the Seller are non-binding unless a specific time limit is stated. If the Buyer accepts a non-binding offer, the Seller reserves the right to revoke it within two working days of receiving the acceptance.

2. Any information provided by the Seller regarding the offered products, including but not limited to images, product specifications, and other communications on the Seller’s website or elsewhere, are for reference only. They do not create any obligations for the Seller, and the Buyer cannot claim any rights based on them unless the Seller has explicitly confirmed in writing that the products match the published details.

3. An agreement is established once the Seller expressly accepts the order in a manner customary within the industry.

4. Offers are valid for one-time use only and do not apply to repeat orders.

PRICE

1. Unless otherwise agreed, prices exclude value added tax (VAT), import duties, other taxes and fees, costs for quality inspection and/or phytosanitary testing, as well as expenses related to loading, unloading, packaging, transport, insurance, and any other additional costs. The Seller will pass on to the Buyer any cost increases initially paid by the Seller or required to be charged to the Buyer under legal obligations. Transportation insurance will be arranged only at the explicit request and expense of the Buyer.

2. Prices are quoted in GBP unless another currency is specified on the invoice.

FORCE MAJEURE

1. In the event of force majeure, the Seller reserves the right to fully or partially cancel the agreement or delay delivery for the duration of the force majeure.

2. Force majeure includes, but is not limited to, circumstances such as civil unrest, war, strikes, natural disasters, epidemics, pandemics, terrorism, adverse weather, traffic disruptions like roadblocks, construction, or traffic jams, fire, government actions, or similar events. This applies even if these circumstances affect third parties involved in fulfilling the agreement, such as the Seller’s suppliers or hauliers.

3. An example of force majeure explicitly includes a situation where the Seller’s primary bank implements or plans to implement regulations that could result in the termination or risk of termination of the Seller’s relationship with the bank if the agreement with the Buyer continues, as determined by the Seller.

DELIVERY

1. Delivery times provided are estimates and should not be considered essential unless specifically agreed upon in writing. The Seller is not responsible for any loss incurred due to delays beyond the quoted delivery time.

2. If the Seller is unable to fulfill part of an order, they will notify the Buyer as soon as possible. In such cases, the Seller may deliver a reduced quantity or delay the delivery, or offer similar or equivalent products by mutual agreement with the Buyer.

3. Unless otherwise agreed in writing, delivery will be deemed to occur at the Seller’s warehouse, processing area, or any other location specified by the Seller. Risk transfers to the Buyer upon delivery or, in the case of transportation, when the products are handed over to the haulier or leave the delivery location, regardless of transportation costs.

4. Free delivery is only applicable if specifically stated and agreed upon in the order confirmation from the Seller.

5. The Seller reserves the right to withhold orders if the Buyer has not paid for previous deliveries within the agreed payment terms, fails to meet other obligations, or if the Seller believes there is a risk of non-fulfillment by the Buyer.

6. If the Buyer fails to collect the products at the agreed time and place, they will be considered in default and liable for any loss in quality. The products will be stored at the Buyer’s expense and risk.

7. Should the Buyer not take delivery within a reasonable storage period (considering the product type), and if the Seller deems it necessary to prevent quality loss or decay, the Seller may sell the products to a third party.

8. Non-performance by the Buyer does not relieve them of the obligation to pay the full price.

9. The Seller is not liable for any loss resulting from non-delivery.

PACKAGING
1. Products will be packaged in accordance with the standard practices of the flower and plant wholesale industry. The Seller will determine the appropriate packaging method based on sound business principles unless a different approach is agreed upon in writing.

2. Non-reusable packaging materials may incur a charge and are not returnable.

3. If products are delivered in reusable packaging (e.g., cardboard boxes) and/or on durable transport materials (such as stacking trolleys, containers, or pallets), the Buyer is required to return identical packaging materials with the same identification (e.g., chip or label) to the Seller within one week of delivery.

4. If the Buyer fails to return reusable packaging or transport materials on time or does not return durable materials loaned for longer-term use within a reasonable timeframe set by the Seller, the Seller reserves the right to:
a) Charge the Buyer for the associated costs.
b) Recover any additional losses incurred, such as extra rental fees.

5. Any costs initially borne by the Seller for return transport will be invoiced separately to the Buyer unless otherwise agreed in writing. If a deposit has been charged, it will be refunded once the materials in question are returned in good condition.

6. The Buyer shall be responsible for reimbursing the Seller for repair or replacement costs of any reusable or durable packaging that is damaged or lost. The Buyer will also cover any additional costs incurred by the Seller, such as extra rental fees.

7. In the event of a dispute between the Seller and the Buyer regarding outstanding quantities of transport materials, the Seller’s administrative records will be considered definitive.

1. Payment must be made via invoice no less than 3 days before the agreed delivery date. Payment delays may result in delivery delays.

2. The Buyer may not defer payment of the purchase price or deduct any amounts from the purchase price without explicit prior written permission from the Seller.

3. The Buyer will be in default upon the expiry of the term of payment. The Seller will then be entitled to rescind the agreement with immediate effect. The Seller is not liable regarding any consequences that this rescindment might entail.

4. If the Buyer is in default, the Seller will be entitled to charge interest of 1.5% on a monthly basis or, should the legal rate be higher, the legal rate on the amount outstanding, as from the due date of the invoice until the date of payment in full. If the Buyer is in default the Seller is further entitled to charge any exchange-rate losses incurred as a consequence thereof.

5. A Buyer based in an EU Member State other than the Netherlands shall inform the Seller correctly in writing of his VAT identification number. At the first request of the Seller the Buyer shall further provide the Seller with all the information and documents that the Seller requires to prove that the products have been delivered to an EU Member State other than the Netherlands. The Buyer shall indemnify the Seller against all claims and all adverse consequences arising from failure or partial failure to fulfil these obligations.

6. If third parties are instructed to collect overdue payments, the Buyer shall account to the Seller for any court and/or out-of-court costs involved, subject to a minimum of 15% of the outstanding sum, and such sums will fall due immediately.

If you have received the wrong product or a damaged product, you must notify us within 24 hours of receipt. Please include:

• an accurate description of the fault
• evidence to support the complaint, such as photos
• any other facts from which it can be concluded that the products delivered and the rejected products are identical, such as an order confirmation

Changed your mind about one or more products? Most of our products are imported from Europe and need returning to source. This will be at the expense of the buyer.