We love our customers and know that our reputation is built on giving great customer service and always acting fairly and reasonably. Simply put, we try to stick to that age old principle of "Treat others the way you would like to be treated."
However, the legal boffins do require the small print to be published so you and we know where we stand and we don't get into a pickle. So if you have time and a strong cup of your favourite brew here goes:
Terms & Conditions
Please read these Terms and Conditions carefully, they explain the basis on which you agree to use this website and make purchases of goods described on the website.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an order confirmation email to you.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Contract - the contract for the sale and purchase of the goods;
Delivery Area - the United Kingdom of Great Britain excluding Northern Ireland. Please note we are unable to deliver to BFPO postcodes.
Goods - means any products that Hortology Ltd advertises and/or makes available for sale through this website;
Service - means collectively any online facilities, tools, services or information that Hortology Ltd makes available through the website either now or in the future;
Carrier - means any third party responsible for transporting purchased goods from our premises to customers;
Content - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;
Website - means the website that you are currently using (hortology.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
We/Us/Our/The Seller - means Hortology Ltd, a company registered in England under 10513006 of Unit 1D Marconi Road, Burgh Road Industrial Estate, Carlisle, CA2 7NA.
Your order is an offer to purchase goods from us. When you place an order with us (being your offer to purchase goods), you do so in accordance with these terms and conditions, subject to our acceptance of your order. We shall have the right to refuse to accept any orders placed for goods.
Our acceptance is indicated by us sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between Hortology Ltd and you.
If we, for any reason, do not accept your order, any sums paid by you in relation to that order will be refunded within 14 calendar days.
You are responsible for the accuracy of an order and for giving us any information necessary for us to perform the contract.
Goods, Pricing and Availability
We try to give the best representation of the goods we sell, however please note that all graphical representations (including photographs) and descriptions of goods available from us are intended as a guide only.
Pictures of live goods (plants) may be provided to give an appreciation of characteristics at a certain level of maturity or in a given setting. Depending on the sizes you select (plant maturity) the goods you receive may look significantly different. Plants suitable for hanging may be depicted in a hanging grow pot, the actual grow pot used to ship the plant might not include these attachments.
Plant sizes are approximate and are provided for indicative purposes only. It is inevitable that variations in size, shape and colour will occur between different specimens and whilst we make every effort to ensure that all plants supplied are at the size range indicated, occasionally plants may be under or over the size selected.
If a plant size is unavailable we may, at our discretion, replace it with a larger or taller plant (when available) without an increase in price.
Please note: plant heights quoted include the plant stem and length of the foliage, plus the depth of the grow pot, i.e. including the root system, not just the plant above soil level.
Many of our pots are handmade or have individual manufacturing processes, so variations occur in colour, shape and size due to the nature of the production process. This gives each piece it’s individual charm and uniqueness. Images are provided to give the best indication of the character of the piece. Some slight imperfections may also occur and are not considered a fault.
Please note that unless indicated otherwise, plant pots are not 100% waterproof and we recommend the use of a liner to protect the pots and prevent damage to floors and furnishings.
All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
If prices increase between the date of your order and the date of dispatch, we reserve the right to email you to ask if you wish to proceed. If not, you will be entitled to cancel the order without charge.
All prices on the website include VAT (where applicable). Hortology Ltd’s VAT number is 259435084.
If, by mistake, we have under-priced goods, we will not be liable to supply goods to you at the stated price, provided that we notify you before we dispatch the goods to you. In these circumstances, we reserve the right to cancel and refund your order in full.
We neither represent nor warrant that goods will be available. Given the nature of our business, availability of plants may vary according to seasonal and market factors across our network of growers. If after having received your order we are unable to source goods we reserve the right to cancel the order.
Selecting item options on a product page displays a message to show if an item is in stock or gives an estimate of when the item will be available. If the message displayed for an item is "Item in stock" it means there is at least one available for dispatch. If you have ordered some items that are not in stock then we normally dispatch your order when all items are available.
We will take payment 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 reserve the right to cancel the contract and delivery.
Where payment remains outstanding, for whatever reason, title remains with Hortology Ltd until it has been received.
Payment card information is always encrypted during transfer over networks. By ordering goods from our website you are giving us your consent to pass details essential for purchasing goods to our payment service provider.
We will not store these payment details, however our payment service provider may store them. We will take all reasonable care to keep all information connected with your order secure, but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including payment and account details you provide when accessing or ordering from this website, unless this is solely due to our negligence.
The goods which can be ordered via our website are only available for delivery to you if you are based in our delivery area. We aim to dispatch all goods purchased by you within the indicated time frame on the product pages and in any event no later than 30 calendar days of our initial order confirmation, unless stated otherwise by the dispatch message on the product page at the time of ordering.
We do ask for your understanding when it comes to delivery timescales. Plants are living organisms that perish unless treated appropriately. If conditions are not suitable for transport by our growers and ourselves we reserve the right to delay delivery until they are.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for incorrect delivery addresses or damage to the goods as a result. Delivery costs will not be refunded where an order is returned to us as undeliverable due to an incomplete or inaccurate address.
Delivery times are not guaranteed. If delivery is delayed due to any events beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended. We will not be liable for delays caused by any such event, but if there is a risk of substantial delay, you may cancel your order and receive a refund for any goods you have paid for but not received.
Packaging and delivery charges are included in your final order total. However, we may determine the circumstances (quantity/destination) of a particular order require a custom delivery/handling charge (regardless of free delivery promotions), in which case we will contact you to agree an appropriate charge.
For pallet deliveries of large or heavy goods our carriers will deliver to the nearest suitable access point to your delivery 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. Disposal of the pallet and packaging after delivery is your responsibility.
Pallet deliveries cannot be left unattended. The first pallet delivery attempt is deemed delivered. In the event there is nobody present to receive the pallet delivery an additional charge of £50 is payable before each subsequent delivery attempt. If the pallet is recalled due to failed delivery attempts any refunds will be subject to deductions for costs of delivery attempts and recall.
We shall not be required to fulfil orders for goods in the sequence in which they are placed. We reserve the right to only deliver orders if all of the goods in an order are available. We are not required to deliver orders in instalments.
Risk and Ownership
Delivery shall be deemed to occur at the time when the goods first arrive at the delivery address provided to us by you. The goods shall remain our property until you have paid for them in full or we have delivered the goods to you (whichever occurs later).
Risk of damage to or loss of the goods will be your responsibility from the time we deliver, or first attempt to deliver, the goods to the delivery address you provided whether or not a signature of receipt has been obtained.
You can request parcels are left in a safe place directly with the courier via their delivery notification systems (excludes pallet deliveries). If you request your items to be left unattended, this is at your own risk and we are unable to reimburse you for any lost or weather damaged items.
Cancellations, Returns and Refunds
To cancel or change your order, you can email us at firstname.lastname@example.org with your instructions, entering the words ‘Cancel Order’ or use the Contact Us page.
Your rights if you cancel the contract will depend on the type of goods purchased, whether there is anything wrong with them, how we are performing and when you decide to end the contract:
Plants and Perishable Goods
Cancellation Before Dispatch:
Orders for plants may be cancelled up to the point of dispatch. We reserve the right to charge a cancellation fee of up to 50% of the value for large specimen plants, hydro plants, custom special orders and other plants we do not hold in stock. Such plants are shown on the website as "Item delivery: 1-2 weeks". These plants are specifically sourced on your behalf and the cancellation fee applied will depend on the costs incurred and future maintenance costs.
Cancellation After Dispatch:
We are committed to providing you with the highest quality plants and ensure all our plants are carefully inspected before dispatch, to reach you in the best condition.
We aim to be fair and reasonable in our approach to supplying plants to you. If you have any concerns about your plants upon receipt, please notify us within 7 days so we can resolve this for you. You can return your plants within 7 days from the day of delivery for a refund or replacement, however you must retain the original packaging so that plants can be returned to us in an appropriate manner.
We can assist you with the return and instructions for care and repacking. We do require you to contact us beforehand to agree the return and we reserve the right to ask you to send digital photographs to understand any issues.
Where plants have become significantly damaged in transit to you and will not recover or you have received incorrect plants, returns are free of charge.
If you have changed your mind you can return your plants to us within 7 days at your cost.
We will refund the cost of the plants in full, provided that they are in no worse condition on return to us than at the time of delivery. Unfortunately, we are not able to refund the cost of delivery in this situation. Dried out or damaged plants will not be accepted. We reserve the right to refuse a refund of returned items if they are not received in good order.
Our 7 day returns policy does not apply to plants that have been repotted from their original grow pots and we unable to accept returns or refund the cost of plants that have been repotted.
After 7 days from the day of delivery (or first attempted delivery) you have expressed your satisfaction with the plants, you recognise they are perishable and that we have no control over the conditions in which you plant or maintain them and we will have no further liability in respect of the plants for any failure to establish and thrive.
Other Goods (Non-perishable)
You must notify us of the defect within seven days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
If we agree with you that the goods are faulty and that the fault was not caused by your neglect or misuse of the goods, or fair wear and tear, we will (depending on the circumstances) replace, refund or repair (if possible) the faulty goods at no cost to you.
If we require the goods to be returned we will arrange for collection at no cost to you. Please note; we are unable to refund returns costs of faulty items should you decide to use an alternative unauthorised service.
Please note, the unique nature of handmade ceramics produces variations in colour, glaze, form and size. These are expected as part of the individuality and charm of the piece and should not be considered as faults. We reserve the right to ask you to send digital photographs to better understand any issues.
You must notify us as soon as you discover the mistake and within 7 days of receipt. We will arrange for our carrier to collect the goods from you. Please note; we are unable to refund returns costs for incorrect items should you decide to use an alternative unauthorised service.
We will either, at your choice: (a) send you the correct items as soon as possible after receipt of the returned goods; or (b) refund the price of the goods and delivery.
Change of Mind:
You may cancel your order in accordance with your legal rights under the Consumer Contracts Regulations 2013, which allows you to change your mind within 14 days of delivery of the goods to you and receive a refund. Please note: orders for products shown as "made to order" on the product page cannot be cancelled.
If you have exercised your right to change your mind, we reserve the right to make a deduction from the amount of any refund for loss in value of the goods returned or where the goods show signs of unreasonable use.
If you have exercised your right to change your mind and return your entire order, you will also be refunded your original shipping charges up to the value of the least expensive delivery method available at the time you placed your order.
Please return the goods to us in their original packaging, quoting the order reference number. Return costs are your responsibility and returns are sent at your risk re damage or loss. We therefore advise that you use a tracked service to cover lost parcels, but please note most carriers do not provide cover for damage to live plants or fragile items.
Planters and pots should be packaged to protect against breakage as we cannot refund items that arrive damaged. Please note, for larger pots that also have individual, lightweight product packaging, these boxes are not suitable for protection during shipping. Please use a double wall outer box and wrap the pots in heavy duty bubble wrap or stiff cushioning paper to cushion and brace the pots against any movement in the box during transit.
Large items items that were dispatched on a pallet service must be returned on an appropriate pallet service to avoid damage due to their fragile, bulky and heavy nature. In addition to cushioning and bracing the items against impact and movement, the items must also be secured to the pallet with suitable pallet wrap and strapping to ensure the load is stable and will remain fixed in place on the pallet during transit.
The legal right to cancel orders because you have changed your mind does not apply to perishable goods such plants (see above for our plant policy); made to order items; or goods which have been worn, washed and/or otherwise used.
The provisions contained in other sections of our terms and conditions are supplemented with the following requirements for business orders.
Orders placed on behalf of a business (incorporated or non-incorporated), charity or government organisation are not subject to the Consumer Contracts Regulations 2013.
All offers/quotations are free of obligation and subject to availability. Offers/quotations are valid for 14 days unless otherwise stated. We expressly reserve the right to change quoted prices after expiry.
Delivery timescales and availability quoted by us are approximate and based on information provided to us from suppliers and growers. If delivery timescales are exceeded or goods become unavailable, there is no right to damages for non-performance of any obligation.
The ordering party warrants they are authorised to transact on behalf of the organisation.
Payment in full is due at point of order, prior to dispatch of goods.
You acknowledge responsibility for the accuracy of the delivery address and that there will be resources on hand to take receipt of the delivery. Delivery costs are chargeable and paid at the point of ordering.
Goods that are not taken delivery of when delivery is attempted are stored and transported at your risk. We reserve the right to receive payment for additional storage and delivery charges prior to redelivery attempts or deduct transport and restocking fees from refunded amounts for consignments returned to us for non-delivery.
We are not responsible for any import or customs levies if the order is sent to, or forwarded to a country outside of the United Kingdom.
Orders in excess of £150 are non-cancellable nor returnable due to change of mind; damages in transit, discrepancies or quality issues must be reported within 24 hours of receipt of the items and all returns require pre-authorisation.
Cancellation by Us
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 delivery area; payment is not received in full; goods you ordered were listed at an incorrect price in error; or defamatory or abusive communications are made directly to our customer support team or on public forums.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted 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.
Offers and Promotions
Only one promotional code can be used per order and any promotions or offers cannot be added after the order has been placed.
Promotional vouchers/codes cannot be used to purchase gift vouchers/cards. Promotional vouchers/codes cannot be redeemed against shipping costs nor do shipping charges count towards minimum spend promotions.
Hortology Ltd reserves the right to cancel or amend promotional offers and terms and conditions at any time without prior notice. Including changes to "Horty Rewards" (the rewards programme), for the award and redemption of "Horty Points." Hortology Ltd also reserves the right to exclude members for abuse of the rewards programme without notice. Your statutory rights are not affected.
Limitation Of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. We make no warranty that this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the goods. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.
Nothing in the Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Matters Beyond Our Control
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.
All content included on the website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hortology Ltd, our affiliates or other relevant third parties.
By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given our express written permission to do so.
Changes to the Service and these Terms and Conditions
We reserve the right to change the website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes.
If we are required to make any changes to these Terms and Conditions pertaining to the sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Links To Other Websites
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Hortology Ltd or that of our affiliates.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Hortology Ltd.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Hortology Ltd shall be governed by and construed in accordance with English law. Hortology Ltd and you agree to submit to the exclusive jurisdiction of the English Courts.
To contact us, (including to discuss any complaint), please email email@example.com or use the Contact Us page on the website. Any formal legal notices should be sent to us at the postal address specified in the Definitions section of these Terms and Conditions.