By purchasing plants from Hedge Plants Ltd you are entering into a legally binding agreement with us on the terms shown below. We advise you to read and understand these terms because they affect your rights and liabilities.
Goods means the plant or plants that Hedge Plants Ltd will supply in accordance with these terms and conditions
Contract means the contract for the sale and purchase of the goods
The Website means our presence on the world wide web, accessed currently via the address www.hedgeplants.com
The seller, Us or We means Hedge Plants Ltd
Client, Customer or You means the person who accepts the contract with Hedge Plants Ltd
Delivery Area means only addresses within the United Kingdom, but excluding the Isle of Man, the Isle of Wight, the Scottish Islands, the Channel Islands, parts of Scotland and Northern Ireland.
2. Basis of Sale
When the order is accepted through our website an agreement has been made between you and us for the supply of the Goods in accordance with the terms and conditions set out here
The price and description of the Goods are set out on the order page within the website
Plant sizes are approximate. Plants grow individually and whilst we make every effort to ensure that all plants supplied are at least the minimum of the size range we indicate, occasionally plants are slightly smaller, especially if ordered at the beginning of a growing season. Equally, sometimes plants are taller than indicated, especially if ordered at the end of a growing season.
The information, illustrations and descriptions are for guidance only, and we give no representation or warranty as to description, productiveness, and suitability for purpose or lifespan. There are inevitable natural variations in plant size, shape and colour.
3. Details of the order
The quality, quantity and description of Goods will be as per those set out in your order
Orders will normally only be accepted at our discretion, if the Goods are available, if you are based in our delivery area and your credit or debit card is authorised for the transaction. If after we have received your order, we discover the plants are unavailable we will try to source them but reserve the right to cancel the order.
We will always endeavour to supply the Goods at the agreed price, however, if the price of the Goods increases between the date of the order and the date of despatch, we will inform you and ask you to confirm by email that the new price is acceptable. If not, you will be entitled to cancel the order without charge
Our charges for packaging and delivery are included in the price shown on the website, with the exceptions of the area’s already mentioned in section 1. Definitions
You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
We will charge your credit or debit card upon receipt of your order. We accept no liability if delivery of the Goods is delayed by the supply of incorrect payment details
If we cannot gain full payment for the Goods when the order is placed, we can cancel the contract and delivery.
We will take all reasonable care over the safekeeping of all information provided for your order but cannot be held responsible for any loss that you may suffer if unauthorised access to any data, including your credit/debit card data, occurs when you are accessing or placing an order on our website
Delivery will be made to the address given with your order, please ensure this is accurate and please also be clear as to where you would like the Goods left if you are out when we deliver. In the case of large or heavy items it is to the nearest suitable access point to that address. Pallet deliveries require a hard, level surface on which the driver’s pump truck can travel; if you have an uneven or gravel driveway, delivery will be to the nearest suitable access point. It is important that you inform us of any access restrictions or uneven surfaces at the time of ordering.
We cannot accept any liability for incorrect delivery instructions or damage to the Goods as a result of incorrect delivery instructions.
If delivery is delayed for reasons beyond our control, we will contact you to agree a new delivery date
We will notify you when to expect delivery.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we will have no liability to you unless you notify us in writing by email of the problem within 10 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 10 days of the date on which we notified to you to expect delivery, we will have no liability to you unless you notify us in writing by email of the problem within 7 days of that date. If you notify a problem to us under this condition, our only obligation will be, at our option:
1) to make good any shortage or non-delivery;
2) to replace or repair any goods that are damaged or defective; or
3) To refund to you the amount paid by you for the goods in question in whatever way we choose.
4) Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.3 above.
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 of our 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.
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. Risk & Ownership
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be at your risk and you are solely responsible for their care.
8. Returns & Cancellations by customer
We inspect plants carefully before despatch but accept that very occasionally things may go wrong. Perhaps they have been damaged during delivery, or even are the wrong plants! The Goods may be returned if they are not what was ordered but agreement must be secured from Hedge Plants Ltd at email@example.com before any return takes place.
Complaints regarding bad condition of plants must be made immediately to firstname.lastname@example.org. We require a photograph to be sent to us to verify the condition. We will do our utmost to resolve your complaint, and assuming we agree with you that the plants are not of the appropriate quality, and providing you return plants in their original packaging within 10 days of delivery to you we will replace them or refund you in full. The Goods remain your responsibility until we receive them.
If you have not notified us of a problem within 10 days of delivery, you are deemed to have accepted the plants and Hedge Plants Ltd has no further liability for them if they fail.
You may cancel your order but agreement must be secured from Us beforehand at email@example.com.
We will not pay for the cost of delivery back to us for a cancellation
You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you place your order. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
To cancel your contract you must notify us in writing, by email.
If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
If it is difficult for you to return the product to us yourself, simply email us and we will arrange to collect it from you and we will deduct the direct costs of recovering the goods from any refund.
Unwanted products returned to us within 7 working days of delivery taking place will be eligible for a full refund inclusive of delivery charges. The cost of returning the product to us will not be refunded. We do not seek to make money out of this, but we do seek to recover our incurred costs and hope you feel that this is fair. We recommend that you make use of a pallet delivery company which will insure you for the value of the goods that you are returning.
Unwanted products returned to us after 7 working days of delivery will incur the original delivery charge.
9. Cancellations by Hedge Plants Ltd
We reserve the right to cancel the contract between us if:
we have insufficient stock to deliver the goods you have ordered;
we do not deliver to your area; or
one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered
None of our material may be used without our written permission but you may print a copy of pages connected with your order
Unauthorised use of a trade mark is unlawful
You are fully responsible for care, maintenance and the welfare of all plants after delivery.
This contract will be governed by English law and any dispute handled in an English court.
We will try to keep the website up to date at all times but the data shown is for your information only. Pictures of plants on the website are broadly accurate but variations in colour, shape and size must be expected from living things. We reserve the right to make changes to this website at any time.
We shall not be liable to you in connection with any contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer as a result of our breach of contract.
These terms and conditions do not affect your statutory rights as a consumer
We accept no responsibility for the content accuracy of any websites that are linked to this website.
We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.