Terms & Conditions

1. Legal information

Business identification
GAEC de Barnhaven
Directors: Robert Mitchell/Jodie Mitchell
Head Office: Lieu dit Keranguiner, 22310, Plestin Les Grèves, France
Tel: +(33)(0) 2 96 35 68 41
Email: info@barnhaven.com
Website: www.barnhaven.com
Business ID Number: 798 945 325 00016 | SIC Code: 0130Z
European VAT no: FR 34 798945325

Technical production of website
Daniel Lawson: Multimedia developer
contact@daniel-lawson.com

Website hosting
OVH
2 rue kellermann BP 80157 59053 ROUBAIX CEDEX 1 - France

Copyright/Intellectual Property
The site is the property of Barnhaven TM, all rights reserved. Any whole or partial reproduction of text or photos must be systematically submitted for authorization by the owners.

2. Objective

These terms and conditions are to define the contractual relation between Barnhaven, owner of the website www.barnhaven.com, and any person placing an order of products offered for sale on this site.

3. Acceptance of the Terms and Conditions

By placing an order with us you are consenting to be bound by these terms and conditions and acknowledge having read the conditions of sale prior to ordering.
The present conditions of sale can be modified at any moment and without warning by Barnhaven. In this case the conditions applicable will be those in use at the date of ordering.

4. Products

We sell seeds and plants of Primula and Helleborus x Hybridus.

Seeds

Primula seeds are sold in packets containing a minimum of 35 except where a different quantity is stated. Hellebore seeds are sold in packets containing a minimum of 8 seeds except where a different quantity is stated. The seeds are non-treated and are all produced at on-site at the nursery. None of our seed has been collected in the wild. 

Plants

All primula plants sold via our website are shipped in 7 cm pots. Helleborus x hybridus plants are shipped in 9 cm, 1L or 2L pots. All plants are shipped bare-rooted (all soil completely removed) to countries where a phytosanitary certificate is required. 

5. Placing an Order

Order Methods
There are 4 ways of ordering:

• On the website, following the steps as indicated.
• By telephone using the number indicated above (see no. 1)
• By email
• By post to the address given above (see no. 1) on blank paper or using an order form supplied by us.

NB: It is also possible to purchase directly from the nursery in person, without placing an order first. Please consult the nursery opening hours here.

Customer engagement
Before ordering, you guarantee that you are over 18 and able to use one of the payment methods to settle your order.

Ordering on the website: preliminary registration
Before placing an order on the website, you must register online with Barnhaven and supply the information that is requested in order to create a personal account.

Accuracy of personal information
You guarantee the accuracy and reliability of the information given for your order. We will not reimburse or resend orders that have been sent to an incorrect postal address.
You supply a valid email address, which will be the means of communication between yourself and Barnhaven.
In consequence it is your responsibility to modify any change of details by connecting to your personal account.
It is your responsibility to supply us with the correct postal delivery address. If this information appears incorrect we can request further details.

Non respect of obligations
The non-respect of any or part of the legal obligations outlined in these terms and conditions, and in particular any incident concerning the payment of an order, could lead to the suspension of access to our services. In

6. Prices

Prices on the site are indicated in Euros and VAT is included where applicable. 
These prices do not include transport and delivery costs or other charges (for example phytosanitary certificate for deliveries to certain countries), these charges being billed as a supplement and indicated before the final acceptance of the order.

Exconeration of TVA 

Professional customers based in the European Union and who have a valid European VAT number may be billed with the VAT exempt. according to article 262 ter I of the French General tax code. We ask those customers to email us directly with their order.

Modifications
Prices can be modified at any time. The order is completed with prices applicable when the order is placed. The prices given on the site take precedence over those given in any other publication (catalogue, magazine, PDF file, etc).

Additional costs according to the country of delivery
For delivery to a country other than France, you agree to pay any customs fees or duties, in addition to the sale price, according to the laws of the country to which the goods will be sent.

7. Payment methods

You have a choice of several methods of payment:

By credit or debit card
For payments by card, we use E-Transactions/Paybox service from Crédit Agricole – a secure online payment gateway. No card numbers are stocked on our server. Payments are made in Euros.
For security reasons, you are requested not to send credit or debit card details by email.

By Paypal
The transaction is made directly on the Paypal server in a secure environment. No card numbers are stocked on our server. Payments are made in Euros.

By cheque
Payment can be made by  French euro cheques. The cheque should be made out to Barnhaven Primroses and the order sent either on blank paper or by using the order form supplied by us to the address below:

Barnhaven Primroses
Lieu dit Keranguiner
22310 Plestin les Grèves
France

Where payment has been made by cheque, the order will only be dispatched after clearance of the cheque.

By bank transfer: only within the European Union
Payment can also be made by bank transfer to the bank account of GAEC Barnhaven:
IBAN: FR76 1220 6026 0056 0033 2096 643
BIC: AGRIFRPP822
Bank address:
Crédit Agricole des Côtes d'Armor
La Croix Tual
22440 Ploufragan

8. Payment Terms

Every order must be paid for prior to dispatch. You can reserve plants for dispatch later in the season, but the payment must be made at the time of order.
For orders for which the payment has not been received in the following 7 days, we will contact you by email or telephone to verify if there is an error due to the payment methods used (for example: number error during a bank transfer).

We reserve the right to cancel the order if despite these efforts you cannot be contacted.

9. Product availability

We fulfil orders within the limits of stock availability. The availability of products presented on the site is constantly updated.

Substitutes
If certain plants or seeds run out of stock after an order has been processed, we reserve the right to substitute similar plants or seeds in the absence of other instructions from you. If you do not wish to receive substitutes, you must indicate ‘no substitutes’ in the comment box. If you wish to suggest acceptable substitutes, you can make a note of them when placing the order.
In the case of temporary or definitive rupture of stock and if you had indicated you didn’t want to receive substitutes, we will contact you. You can then choose either another product for an equivalent price, or reimbursement, which will be made within a maximum delay of 7 working days following notification of your decision.

10. Delivery

• Seeds

Seeds are dispatched all year round, and an effort is made to send seed orders within 3 working days of their reception, by priority mail. Occasionally there can be longer delays at very busy times, or if the order needs a phytosanitary certificate according to the country of destination.
Please contact us if the order has not been received within 28 days (taking into account the variable delays of transport according to the country of destination).

• Plants

Plants are dispatched from October to June, taking into account their availability, state of culture and climatic conditions prevailing at the time.

Orders placed in July, August and September will be dispatched from October onwards, when the plants are ready.
Between October and June plants are dispatched on Mondays or Tuesdays in order to avoid weekend delays in transit.
All plant orders received before 12.00 pm on the Thursday will be dispatched at the beginning of the following week. We reserve the right to delay orders if the weather conditions are unfavourable (frost, excessive heat). In this case you will be informed by email.
Plants are dispatched via the Post Office Colissimo service for standard delivery or by the Chronopost classic service for express delivery.

After dispatch, average delivery times are:

• France: Standard delivery 2 - 5 working days /  Express delivery 1-2 working days.
• International: Standard delivery 4 - 10 working days / Express delivery 3 - 6 working days 

Please contact us if the order has not been received within 10 days of dispatch (taking variable transport delays into account).
NB: These delivery times are a general guide only and we cannot be held responsible for delivery delays once the order has been given to the transporter.

Specific delivery requests for orders
Please contact us if there are particular requests regarding the delivery date of the order, or make a note at the time of ordering. We will to do our best to fulfil your wishes. If we do not receive any specific information your order will be sent as per our normal dispatch rules, we cannot take into account the individual weather conditions in your country. 

Delivery information
For an order made on the site, you will receive an automatic email giving details of dispatch of your order with the number of your parcel if you have opted for a tracked delivery. You can track the parcel on the site www.laposte.fr.

• Delivery area and phytosanitary certificates

We can deliver plants and seeds to any country within the European Union. However, restrictions apply to certain other countries. If you cannot find information about your country of residence, please contact us before ordering.

Phytosanitary certificates:

(1) Seed orders to be delivered to the US: Instead of paying for a phytosanitary certificate it is possible to apply for a Small Lots of Seed Permit free of charge. It is valid for three years and may be used several times. It is easy to obtain from the Animal and Plant Health Inspection Service and you can apply online or by post. There is a very comprehensive description of how to obtain and use it on the NARGS website.
Once you have obtained your permit, send us a copy of the 3 pages of the permit and the mailing label. We will then reimburse the charge for the phytosanitary certificate before sending out your order.

11. Guarantees and customer satisfaction

Customer service
We are committed to giving a reply within one working day and to work with you to resolve any eventual problem encountered during the transaction, or regarding seed sowing or plant culture.

Delivery and transport
We are extremely vigilant over the packaging of our orders, but cannot control the delivery conditions of the purchases from the time they are handed to the transporter. Therefore guarantees cannot be given either for transport or custom delays or conditions in which they are transported.

On reception of an order, please verify the parcel with the delivery company if possible, and indicate any problems on the delivery note. If you observe any anomaly or if you are not entirely satisfied with the plants or seeds on arrival, please contact us within 3 days. If possible send a photo of the parcel/plants or seeds by email.

Growing and sowing
The success of sowing and planting does not only depend on the quality of the seeds or plants, but also on growing conditions. We cannot accept any responsibility in the case of failure or poor germination.

12. Disclaimer

We cannot be held responsible for inability to fulfill an order if items are out of stock, unavailable, out of production or in the case of unforeseeable circumstances.
The photographs and descriptions are for guidance only. As our plants are hand pollinated there will always be variation in colour, form and size of flowers in each series.

13. Withdrawal period

As goods that are susceptible to deteriorate quickly, plants and seeds are excluded from the legal withdrawal period of 14 days (French Consumer protection code, Article L221-28).

However, you are granted a delay of 24 hours (before the preparation and dispatch of the order) to exercise a contractual right of withdrawal without either having to justify motives or to pay a penalty. This short delay applies from the date of the reception of the order. If it expires on a Saturday, Sunday or bank holiday, the delay is prolonged until the first following working day. Please inform us of any decision to exercise your right of withdrawal from the sale contract by a clear and precise statement of withdrawal by email, or telephone.

14. Personal Data Protection

Collection of personal data is indispensable for the processing and fulfilment of orders, and invoicing customers. The personal data of our customers is also used to reply to requests for information via the website; in order to use and improve the site; to send newsletters when the customer has given his consent; or when the current legislation requires it.

Our use of personal data on the site www.barnhaven.com has been declared to the CNIL (Commission Nationale de l’Informatique et des Libertés) under the number 2046926 v 0.

This personal data is stored at the head office of Barnhaven Primroses in France for the time necessary for the purposes for which they were collected and used. The personal data is exclusively used by us and will be given to no third party, except for the partners participating in the processing and dispatch of the orders, notably the transporters. These companies and personnel will have access to personal data necessary to carry out their functions but will not share this information with third parties or for other purposes.

We are committed to ensuring the security and privacy of the personal data of our customers.

Compliant with the French law ‘Informatique et Libertés’ of 06.01.1978, you have the right of access, modification and deletion concerning your personal data. These rights can be exercised with us at the address above (see article l).
In conformation with article L.134-2 of the French Consumer protection code, orders made via internet for a value of more than €120 will be retained for a period of 10 years. You can request access to these documents by making a request by email to info@barnhaven.com.

Cookies
This site places a cookie in your computer. This cookie records the information regarding your navigation on the site and stocks the information that is looked at during a visit (products put in the basket, products seen …). Thus, there is no need on the subsequent visit to enter them again. Opposition to the recording of cookies can be made by configuring the parameters of your navigator. It is to be noted that with this solution certain operations of the site will not function correctly.

This site uses Google Analytics, a service provided by Google inc. (‘Google’). Google analytics uses cookies which are files placed on your computer to help the website to analyse the use of the site by its visitors. The data generated by these cookies concerning use of the site (including IP addresses) will be transmitted and stored by Google on servers in the United States. Google will use this information with the aim of evaluating your use of the site, to compile reports on the activity on the site for the editor and to provide other services relating to the activity on the site and the use of Internet.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf, including notably the web editor. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of your data by Google in the manner and for the purposes set out above.

15. Applicable law and jurisdiction

Any litigation relative to the fulfillment of an order and/or the interpretation of the present conditions is subject to French law. In case of litigation, only French tribunals can be used. An internet platform provided by the European Commission is available for advice.