Terms & Conditions
These Terms and Conditions together with the web pages and documents referred to in them apply to the use of our website www.horticentre.co.uk and tell you the terms on which we supply any of the products listed on our website. By accessing the website and/or placing an order, you agree to be bound by these Terms and Conditions. If you do not accept these terms, please do not use this website.
Before proceeding with an order, you will be required to show that you have read and understood these Terms & Conditions by ticking the “I have read, understood and accept the Terms & Conditions” box before you are allowed to complete your order. Please note that you will be required to do this each and every time you place an order through the Website.
1.1 www.horticentre.co.uk is a website operated by Horticentre. We are registered in England and Wales under company number 867077. Our registered office is at New Road, Overton, Wakefield, WF4 4RG United Kingdom. Our VAT registration number is GB399 1731 09.
1.2 Our trading address and contact details are: Horticentre, New Road, Overton, Wakefield, WF4 4RG, email [email protected], telephone 01924 280306.
1.3 You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register with us as a customer.
1.4 We Our terms and conditions meet the minimum standards required under UK distance selling regulations and we reserve the right to alter them on a per order/customer basis at any time, using the UK regulations as a minimum standard, without notice. You should check this website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
1.5 If you have any concerns about material on our site, please contact us by email at [email protected].
2. Ordering from us
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you by email an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse at our discretion to accept an order:
(a)where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error;
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
(d) where goods ordered by you are not available;
(e) if we do not deliver to your area.
2.4 We reserve the right to cancel any order without prior notice and explanation. In this instance we will make the request for all monies will be refunded to the card/bank account used to make the purchase within 14 days f your order.
2.5 We reserve the right to refuse to supply any individual or company.
2.6 Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 14 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
2.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
3. Description of Goods
3.1 The description of items offered for sale on our web sites are provided by the product manufacturer or their UK agents/distributors.
3.2 Product photographs and other images may contain items that help show the product in context. For example: the product may be placed in a room or situation where it’s design to be used. These additional items are not supplied as part of the product and you should check the full description before placing an order.
3.3 Some product images and the final product may look slightly different. You should also consider colours and quality of the image may vary slightly from computer to computer and therefore should only be considered as a guide.
3.4 From time to time a manufacturer may change or improve the product slightly without notifying us – this may include the packing, ingredients, materials used, size etc.. While we constantly monitor the goods supplied to us and update our web sites accordingly it is impossible to be 100% accurate and the goods we supply may not match the descriptions or photographs exactly. The products supplied to you will be the current version as supplied in the UK to us by the manufacturer or distributor.
4.1 All prices include VAT (where applicable) at the current rates.
4.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our Delivery and Returns policy shown elsewhere on this website.
5.1 We will deliver accepted orders to you as soon as possible to the address you give us for delivery, but in any event within 5 working days of your order.
5.2 If you do not receive goods ordered by you within working 5 days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem within 10 working days of our maximum delivery period from the date on which you ordered the goods. To notify us please email [email protected] or telephone 01924 280306 .
5.3 Many companies may be involved in the delivery of your order, therefore any delivery date specified can not form part of the contract.
5.4 All physical products are dispatched by our own courier, a third party courier or post, are insured and require a signature.
5.5 If no one is available to sign for the consignment at your specified delivery address, the courier will leave a calling card.
5.6 Please contact the depot specified A.S.A.P to re-arrange delivery or collection.
5.7 Orders can only be delivered to the address specified with the order.
5.8 It is the customers responsibility to ensure someone is available to sign for the parcel.
5.9 If the courier suspects the person signing for the order may not be the correct person they may ask for proof of ID. If suitable ID can not be provided the parcel may be returned to us and the customer liable for additional delivery and administration charges.
5.10 Any delivery date specified can not form part of the contract. We will always attempt to meet any delivery date specified but all orders are delivered on a best effort basis.
5.11 Parcels that can not be delivered or remain uncollected for the holding period specified by the courier will automatically be returned to us. An administration charge of £10 will apply to all orders returned due to non delivery or collection. Part of the delivery charge is often subsidised by ourselves but redelivery will be charged at full cost.
5.12 We insure your parcel against loss or damage while in transit. If we need to report your parcel as missing or damaged the courier company may wish to inspect or investigate the situation before agreeing to provide compensation. We are unable to resend your order until the courier company has concluded their investigation and authorised us to resend the order.
5.13 All items purchased on a single order must fit into a single box measuring up to 1m in length and must not have a total weight of more than 30Kg. For orders that exceed 30Kg or will not fit into a single box of 1m in length we reserve the right to make an additional charge per additional box.
5.14 We reserve the right to pass on any additional charges in full made to us by the delivery agent or courier. Reasons for this may include but are not limited to:
– Incorrect address specified at time of order.
– Redelivery to a different address.
– Incorrect shipping option selected at the time of order.
– No proof of ID supplied when requested
5.15 We aim to dispatch products within 48hrs and deliver within 5 working days of dispatch. Some items may take longer or are ordered in once a product has been requested.
5.16 Where possible the customer should make an inspection of the goods on delivery and any damage needs to be signed at the time of delivery. We cannot guarantee to accept claims for damages once you have signed and taken delivery of your goods. It is therefore essential that you are satisfied that your goods are in good condition at the time you take delivery. If the goods are damaged you should either refuse delivery or sign as damaged and contact us immediately.
6. Cancellations, Returns & Refunds
6.1 Our cancellation, returns and refund policy is in accordance with UK distance selling regulations, The Consumer Rights Act and The Consumer Contracts Regulations.
6.2 Our products meet exacting quality control standards, but occasionally products slip through or are damaged in transit to you. Also, you may not be happy with the product you have bought and we want to make it easy for you to return the item.
6.3 Before returning any items to us, please contact us to request a Return Reference Number. Any orders/items returned without this may take longer to process and refund as it is more difficult for us to locate your details.
6.4 If you return items to us without prior permission we may charge an administration fee of £10 to process the return.
6.5 All correspondence should be made in writing either via email on …. or by phone on 01924 280306
6.6 As the customer you have up to 14 calendar days after receiving your product to cancel your order by contacting us as instructed in 6.5.
6.7 After your have cancelled your order with us and we have issued you a Return Reference Number you have a further 14 calendar days to return the item(s) to us.
(a) We accept no liability for loss or damage during return transit and recommend you take out adequate transit insurance to cover the full cost of the order in case of damage, loss or theft during transit . Confirmation of posting is no guarantee of delivery and items should be sent via an insured “signed for” service.
(b) We consider 14 days to be a reasonable time in which to return the goods to us and you should use an appropriate delivery method to ensure the products reach us within this time period.
6.8 Once received we will issue a refund to your original payment method within 14 days.
6.9 If the products have been used or the blister packing has been opened and/or are not in the original condition (this excludes packaging added by us and used to protect the goods during transit), we are unable to issue a full refund. However, we may issue a partial refund less a restocking fee no less than 25% of the product value. This is subject to our discretion and we are unable to guarantee this for every product we sell.
6.10 If we are unable to accept the return, you will be responsible for the full cost of returning the items to you. This includes any charges incurred by us when you returned the goods. We will retain the items for a maximum of 14 days.
6.12 If payment for re-delivery is not received within this time period, we will assume the goods are not required and will be disposed of.
6.13 We can only credit the card/bank account used to make the original payment. This is in accordance with UK anti-fraud and money laundering regulations.
6.14 As stated in 6.8 all refunds will be made as soon as possible and no longer than 30 days after cancellation.
6.15 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7.1 You are permitted to print and download extracts from this website for your own private use on the following basis:
(a) no documents or related graphics on this website are modified in any way;
(b) no graphics on this website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of such material other than in accordance with this clause for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use such material automatically terminates and you must immediately destroy any such material.
7.3 Subject to this clause, no part of such materials may be reproduced, displayed, modified, sold or stored without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8. Service Access
8.1 While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
8.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. Visitor Material and Conduct
9.2 You are prohibited from posting or transmitting to or from this website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these terms and conditions.
9.5 It is your responsibility to determine that your input into our site, including your choice of your user name, conforms to the above conditions.
9.6 If you notice any content which breaches these conditions, please notify us by email to [email protected]
10. Links to and from Other Websites
10.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
10.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Horticentre logo;
(b) you do not create a frame or any other browser or border environment around this website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Horticentre trade mark displayed on this website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
10.3 We expressly reserve the right to revoke the right to link to this website for breach of these terms and to take any action we deem appropriate.
11.1 To register with www.horticentre.co.uk you must be at least 18 years of age.
11.2 Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
12. Use of Our Website and its’ Features
12.1 Individual users are granted permission to download pages and store them temporarily without alteration for the purpose of viewing on a personal computer or monitor, and to print pages for the sole purpose of viewing or reading them. The permission to download and print pages does not allow the material or any part of it to be incorporated into another web site or other publication and commercial use of any material contained herein is expressly prohibited.
12.2 The technical and design contents of our web site are updated on a regular basis. The design may change, new features may be added and others removed. If you are unsure how to use any features of our web sites, please contact us for guidance before using the web site.
13.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
13.2 The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
14. Governing Law and Jurisdiction
14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
14.2 We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.