Terms of service
POND PLANTS UK - TERMS OF SERVICE
Last updated: 18 September 2026
OVERVIEW
Welcome to Pond Plants UK. The terms "we", "us" and "our" refer to Pond Plants UK Ltd,
a company registered in England and Wales (company number 15172676). Pond Plants UK
operates this store and website, including all related information, content, features,
tools, products and services (the "Services"). Pond Plants UK is powered by Shopify,
which enables us to provide the Services to you.
We are a trade supplier. Our Services are intended for businesses buying aquatic and
pond plants for resale or for use in their own business.
The below terms and conditions, together with any policies referenced in them (these
"Terms of Service" or "Terms") describe your rights and responsibilities when you use
the Services.
Please read these Terms of Service carefully, as they include important information
about your legal rights and cover areas such as warranty disclaimers and limitations
of liability.
By visiting, interacting with or using our Services, you agree to be bound by these
Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service
or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least 18 years old
and that you have authority to place orders on behalf of the business named on your
account.
To use the Services, including accessing or browsing our online store or purchasing any
of the products or services we offer, you may be asked to provide certain information,
such as your email address, billing, payment and delivery information. You represent
and warrant that all the information you provide is correct, current and complete and
that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and
for all activity on your account. You may not transfer, sell, assign or license your
account to any other person.
Trade pricing is shown only when you are logged in to an approved trade account.
SECTION 2 - TRADE ACCOUNTS
Access to trade pricing and trade ordering is by approved account only. Applications
are made through our Apply for a Trade Account page and are accepted at our discretion.
We offer three arrangements. An account runs on one of them at a time, not a mix:
(a) Pay before dispatch. You pay by card or bank transfer against a pro-forma invoice
before each order leaves us. No references or bank details are required.
(b) Credit account. You pay on invoice. Our standard credit period is 28 days from
invoice date and applies to all credit accounts unless otherwise agreed in
writing. Credit is granted at our discretion and is subject to status, two trade
references, a bank reference and a credit check.
(c) Sale and Return. A seasonal arrangement described in Section 3 below.
Credit accounts and Sale and Return arrangements are additionally governed by our
Universal Trade Account Agreement, which must be signed before the arrangement begins.
Where anything in that signed Agreement differs from these Terms, the signed Agreement
takes precedence for that account.
SECTION 3 - SALE AND RETURN
Where we have agreed a Sale and Return arrangement with you in writing, the following
applies in addition to the rest of these Terms.
(a) Season. The arrangement normally runs from March to August, unless we agree a
different period in writing.
(b) Supply. Plants may be supplied without an initial payment, subject to our minimum
order requirements and an opening order value of no more than GBP 1,000 plus VAT
unless we specifically agree a larger amount.
(c) Stock-control invoices. We may raise an invoice when stock is supplied, for
stock-control and accounting purposes. Where Sale and Return terms apply, that
does not mean payment is due at that stage.
(d) Top-up stock. Additional top-up stock is invoiced separately and payment is due
before dispatch. Minimum order requirements apply for free delivery; otherwise a
delivery charge may apply.
(e) Your responsibilities. You are responsible for keeping all stock healthy,
properly maintained and saleable throughout the season. Plants must be kept in no
less than 1 inch of water and in suitable part-shade or part-sun conditions.
(f) End of season. At the end of the agreed season you must either pay for all stock
remaining on our inventory, or arrange its return.
- Payment option: unless otherwise agreed, payment is due 28 days from receipt
of the final invoice.
- Return option: we will arrange collection of unsold stock and we cover the
agreed collection or shipping cost.
(g) Condition of returned stock. Returned plants must be in good, healthy and
saleable condition and in substantially the same condition as when supplied. Any
plants that are damaged beyond saleable condition, dead, diseased, missing or
otherwise unsaleable will be classed as a loss and charged to you at the original
supply price. This includes plants made unsaleable through negligence, pests,
disease, weeds, poor maintenance, improper storage, handling or other
mishandling.
(h) Crates. All crates supplied with the plants remain our property and must be
returned when requested or on collection of the stock. Any crate not returned
will be charged at GBP 6.00 per crate.
(i) Presentation of returned stock. Returned stock must be presented for collection
in a safe, tidy and orderly manner, grouped by type or variety wherever
reasonably practicable, and not combined together, loosely thrown onto pallets or
otherwise presented in a disorganised condition. Where returned stock requires
additional sorting, handling or administration by us, an administration and
handling charge of GBP 50.00 per affected pallet will be charged to you.
(j) Swaps. If Sale and Return stock becomes too large or overgrown during the season,
you may contact us to arrange a swap, subject to availability and agreement.
Where a swap is agreed we cover the agreed shipping cost and you cover the
packaging cost.
(k) Title. Stock supplied on Sale and Return remains our property until it is paid
for in full.
The full terms of the arrangement are set out in our Universal Trade Account Agreement.
SECTION 4 - OUR PRODUCTS
Our products are living plants. Size, form, leaf colour and flowering vary naturally
between individual plants and through the season, and plants supplied outside their
growing season may be dormant, cut back or below their summer size. Images in our store
are representative of the variety and not of the individual plant you will receive.
Colours and product appearance may also differ from how they appear on your screen,
depending on the device you use and its settings.
We do not warrant that the appearance of any product will be the same as depicted in
our online store.
All descriptions of products are subject to change at any time at our discretion. We
reserve the right to discontinue any product at any time and may limit the quantities
of any product we offer to any person, geographic region or jurisdiction, on a
case-by-case basis.
SECTION 5 - ORDERS
When you place an order you are making an offer to purchase. We reserve the right to
accept or decline your order for any reason at our discretion. Your order is not
accepted until we confirm acceptance.
Where your account is on pay-before-dispatch terms, we must receive and process your
payment before your order is accepted. Where your account is on credit or Sale and
Return terms, orders are accepted in accordance with those terms.
Please review your order carefully before submitting it, as we may be unable to
accommodate cancellation requests after an order is accepted. If we do not accept,
change or cancel an order, we will attempt to notify you using the email address,
billing address or phone number provided at the time the order was made.
Returns and exchanges are dealt with in accordance with our Refund Policy and, for Sale
and Return accounts, Section 3 above.
SECTION 6 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price
charged will be the price in effect at the time the order is placed and will be set out
in your order confirmation email. Unless otherwise expressly stated, posted prices
exclude VAT, delivery, handling, customs and import charges.
Prices in our online store may differ from prices offered elsewhere, including by third
parties. We may from time to time run promotions governed by terms separate from these
Terms. If there is a conflict between the terms of a promotion and these Terms, the
promotion terms govern.
You agree to provide current, complete and accurate purchase, payment and account
information for all orders, and to update that information promptly so that we can
complete your transactions and contact you as needed.
You represent and warrant that (i) any card information you provide is true, correct
and complete, (ii) you are authorised to use that card for the purchase, (iii) charges
incurred by you will be honoured by your card issuer, and (iv) you will pay charges
incurred at the posted prices, including delivery and handling charges and all
applicable taxes.
Invoices not paid in full by the due date will be treated as overdue. We reserve the
right to charge statutory interest, compensation and reasonable debt recovery costs
under the Late Payment of Commercial Debts (Interest) Act 1998.
SECTION 7 - DELIVERY, RISK AND TITLE
Delivery times are estimates only and are not guaranteed. We are not liable for delays
caused by carriers, customs processing, weather or other events outside our control,
and we may hold or reschedule a delivery where weather conditions would put live plants
at risk.
Risk in the goods passes to you on delivery.
Title to goods supplied on credit or on normal invoiced terms remains with us until we
have received payment in full, including any applicable interest and costs. Until
payment is made you must keep unpaid goods appropriately identified and maintain them
in satisfactory condition. Where payment is overdue we reserve the right to recover
unpaid goods, subject to lawful access.
SECTION 8 - LIVE PLANTS: CARE AND CLAIMS
The goods are live biological products and require appropriate care immediately after
delivery.
We are not responsible for loss, deterioration or mortality occurring after delivery
where caused by environmental conditions, improper storage, planting, handling, water
conditions or other factors outside our control.
Any claim concerning damaged or non-viable goods must be made in writing within 24
hours of delivery and supported by photographic evidence. Claims made after this period
may not be accepted.
SECTION 9 - INTELLECTUAL PROPERTY
Our Services, including all trade marks, brands, text, displays, images, graphics,
product reviews, video and audio, and the design, selection and arrangement of them,
are owned by Pond Plants UK Ltd, its affiliates or licensors and are protected by UK
and international intellectual property laws.
These Terms permit you to use the Services for the purposes of buying from us. You must
not reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store or transmit any of the material on the
Services without our prior written consent, except that approved trade account holders
may use our product images and descriptions for the purpose of reselling goods bought
from us.
Except as expressly provided here, nothing in these Terms grants a licence or other
rights under any patent, trade mark, copyright or other intellectual property of Pond
Plants UK Ltd, Shopify or any third party. All rights not expressly granted are
reserved.
Pond Plants UK's names, logos, product and service names, designs and slogans are trade
marks of Pond Plants UK Ltd or its affiliates or licensors. You must not use them
without our prior written permission. Shopify's name, logo, product and service names,
designs and slogans are trade marks of Shopify. All other names, logos, product and
service names, designs and slogans on the Services are the trade marks of their
respective owners.
SECTION 10 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of
the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools "as is" and "as
available" without any warranties, representations or conditions of any kind and
without any endorsement. We have no liability arising from or relating to your use of
optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own
risk and discretion, and you should ensure that you are familiar with and approve of
the terms on which those tools are provided.
We may in future offer new features through the Services. Such features are also part
of the Services and are subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by
third parties, including embedded third-party functionality. We are not responsible for
examining or evaluating the content or accuracy of any third-party materials or
websites you choose to access. If you decide to leave the Services to access these
materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party
websites, or your purchase or use of any products, services, resources or content on
any third-party websites. Please review the third party's policies and practices
carefully before you engage in any transaction. Complaints, claims, concerns or
questions regarding third-party products and services should be directed to the third
party.
SECTION 12 - RELATIONSHIP WITH SHOPIFY
Pond Plants UK is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with Pond
Plants UK. By using the Services, you acknowledge and agree that Shopify is not
responsible for any aspect of any sales between you and Pond Plants UK, including any
injury, damage, or loss resulting from purchased products and services. You hereby
expressly release Shopify and its affiliates from all claims, damages, and liabilities
arising from or related to your purchases and transactions with Pond Plants UK.
SECTION 13 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy
Policy, and certain personal information may be subject to Shopify's Privacy Policy,
which can be viewed at https://www.shopify.com/legal/privacy/app-users. By using the
Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal
information about your access to and use of the Services in order to provide and
improve the Services for you. Information you submit to the Services will be
transmitted to and shared with Shopify as well as third parties that may be located in
other countries than where you reside, in order to provide services to you. See our
Privacy Policy for more detail on how we, Shopify and our partners use your personal
information.
Bank details you provide for the purpose of setting up a trade account are held for
administering your account and collecting sums properly due, including through our
GoCardless Direct Debit arrangement where Direct Debit has been agreed.
SECTION 14 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions,
feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a
perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify,
publish, distribute and display such Feedback in any medium for any purpose, including
commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all
Feedback; (ii) you have disclosed any compensation or incentives received in connection
with your submission of Feedback; and (iii) your Feedback complies with these Terms. We
are under no obligation to maintain your Feedback in confidence, to pay compensation
for it, or to respond to it.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine
to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise
objectionable, or that violates any party's intellectual property or these Terms.
You agree that your Feedback will not violate any right of any third party, and will
not contain libellous or otherwise unlawful, abusive or obscene material, or any virus
or other malware. You may not use a false email address, pretend to be someone other
than yourself, or otherwise mislead us or third parties as to the origin of any
Feedback. You are solely responsible for any Feedback you make and its accuracy.
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical
errors, inaccuracies or omissions relating to product descriptions, pricing,
promotions, offers, delivery charges, transit times or availability. We reserve the
right to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information is inaccurate, at any time without
prior notice, including after you have submitted your order.
SECTION 16 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use
the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to
violate any applicable law or regulation; (c) to infringe our intellectual property
rights or those of others; (d) to harass, abuse, insult, harm, defame, slander,
disparage or intimidate any of our employees or any other person; (e) to transmit false
or misleading information; (f) to send, knowingly receive, upload, download, use or
re-use any material that does not comply with these Terms; (g) to transmit, or procure
the sending of, any unsolicited advertising or promotional material; (h) to impersonate
or attempt to impersonate any other person or entity; or (i) to engage in any other
conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which
may harm Pond Plants UK, Shopify or users of the Services, or expose them to liability.
You also agree not to: (a) upload or transmit viruses or any other malicious code; (b)
reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the
Services beyond the resale of goods you have bought from us; (c) collect or track the
personal information of others; (d) spam, phish, pharm or pretext the Services; (e) use
any robot, spider, scraping, data gathering or extraction tool, automatic device or
process, AI tool (such as agentic AI) or automated or manual means to access the
Services; or (f) interfere with, bypass or circumvent the security or authorisation
features, robot exclusion headers or other measures we employ to restrict access to the
Services.
We reserve the right to suspend, disable or terminate your account at any time, without
notice, if we determine that you have breached any part of these Terms.
SECTION 17 - AGENTS
17.1 This section ("Agent Terms") applies if you use, allow, enable or cause the
deployment of an Agent to access, use or interact with any Services. "Agent" means any
software or service that takes autonomous or semi-autonomous action on behalf of, or at
the instruction of, any person or entity and that can be executed on behalf of or using
a person's device, without direct supervision.
17.2 No Agent may access, use or interact with the Services unless, at all times, it
identifies itself and operates in strict accordance with the requirements in section
17.4 below. In addition, no Agent may access, use or interact with the Services if we
have requested that the Agent refrain from doing so.
17.3 We may limit, including by technical measures, whether and how any Agent accesses,
uses and interacts with the Services.
17.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an
Agent and disclose the name of the Agent by including the following in the request's
user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access,
use or interaction is from an Agent, such as by mimicking human behaviour and
interaction patterns, or completing or circumventing CAPTCHAs or measures intended to
distinguish computer use from humans; (iii) respond truthfully to any question or
prompt seeking to determine if interactions are coming from a human or a computer; and
(iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or
control whether and how Agents access, use or interact with the Services.
SECTION 18 - SUSPENSION AND TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, at
our discretion at any time without notice, and you will remain liable for all amounts
due up to and including the date of termination.
Where your account is in default, or where you enter administration, liquidation or
insolvency proceedings, or cease or threaten to cease trading, we may suspend
deliveries, withdraw credit and Sale and Return facilities, cancel outstanding orders,
require payment in advance, and demand immediate payment of all outstanding sums.
The following sections continue to apply after termination: Intellectual Property,
Feedback, Suspension and Termination, Disclaimer of Warranties, Limitation of
Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment,
Governing Law and Privacy Policy, together with any other provisions that by their
nature should survive termination.
SECTION 19 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general
information purposes. We do not warrant the accuracy, completeness or usefulness of
this information, and any reliance you place on it is at your own risk.
Except as expressly stated by Pond Plants UK, and subject to Section 20 below, the
Services and all products offered through the Services are provided "as is" and "as
available", without any representation, warranty or condition of any kind, express or
implied, including all implied warranties or conditions of satisfactory quality,
fitness for a particular purpose, durability, title and non-infringement. We do not
guarantee that your use of the Services will be uninterrupted, timely, secure or
error-free.
SECTION 20 - LIMITATION OF LIABILITY
Nothing in these Terms limits or excludes our liability for death or personal injury
caused by our negligence, for fraud or fraudulent misrepresentation, or for any other
liability that cannot lawfully be limited or excluded. Nothing in these Terms affects
the statutory rights of any customer dealing as a consumer.
Subject to the paragraph above, and to the fullest extent permitted by law, we are not
liable to you for any loss of profit, loss of revenue, loss of savings, loss of
business, loss of goodwill, loss of data, or any indirect or consequential loss, in
each case however arising and whether in contract, tort (including negligence), breach
of statutory duty or otherwise.
Subject to the first paragraph of this section, our total liability to you in respect
of all losses arising in connection with any order shall not exceed the price paid, or
payable, for that order.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pond Plants UK Ltd, Shopify, and our
affiliates, partners, officers, directors, employees, agents, contractors, licensors
and service providers from any losses, damages, liabilities or claims, including
reasonable legal fees, payable to any third party arising out of (1) your breach of
these Terms of Service or the documents they incorporate by reference, (2) your
violation of any law or the rights of a third party, or (3) your access to and use of
the Services.
We will notify you of any indemnifiable claim, provided that a failure to notify
promptly will not relieve you of your obligations unless you are materially prejudiced.
We may control the defence and settlement of such claim at your expense, including
choice of counsel, but will not settle any claim requiring non-monetary obligations
from you without your consent, not to be unreasonably withheld. You will cooperate in
the defence of indemnified claims, including by providing relevant documents.
SECTION 22 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, that provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed severed from
these Terms of Service. Such a determination shall not affect the validity and
enforceability of any remaining provisions.
SECTION 23 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on
this site, and any signed Universal Trade Account Agreement, constitute the entire
agreement between you and us and govern your use of the Services, superseding any prior
agreements, communications and proposals, whether oral or written, including any prior
versions of these Terms of Service. Where a signed Universal Trade Account Agreement is
in place, it takes precedence over these Terms to the extent of any conflict.
Any ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
SECTION 24 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or
obligations under them without our prior written consent, and any such attempt will be
null and void. We may transfer, assign or delegate these Terms and our rights and
obligations without your consent or notice to you.
SECTION 25 - GOVERNING LAW
These Terms of Service, and any separate agreements under which we provide you
Services, are governed by and construed in accordance with the laws of England and
Wales. You and Pond Plants UK Ltd submit to the exclusive jurisdiction of the courts of
England and Wales.
SECTION 26 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or
otherwise affect these Terms.
SECTION 27 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this
page.
We reserve the right, at our discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. We will notify you of any
material changes to these Terms in accordance with applicable law, and such changes will
be effective on the date specified in the notice. Your continued use of or access to the
Services following the posting of any changes constitutes acceptance of those changes.
SECTION 28 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to sales@pondplantuk.co.uk.
Pond Plants UK Ltd
Unit 12c, Brookenby Business Park, Binbrook, Market Rasen, LN8 6HF
sales@pondplantuk.co.uk
01472 869012
Registered in England and Wales, company number 15172676
VAT registration number 452755185