Terms & Conditions

The Legal Stuff

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 and Northern Ireland (excluding BFPO postcodes); the Isle of Man; the Channel Islands and the Republic of Ireland;

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 Croft House, Cross Haw Lane, Clapham, Lancaster, LA2 8DZ.

Orders

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.

Plant sizes are approximate. It is inevitable that slight 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 least the minimum of the size range we indicate, very infrequently plants may be slightly under or over the size selected.

If a plant size is unavailable we may, at our discretion, replace it with the next size up (when available) without an increase in price.

Please note: plant heights quoted include the plant stem and 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 our handmade, so slight 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.

Payment

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.

Delivery

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 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.

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.

Cancellations, Returns and Refunds

To cancel or change your order, you can email us at info@hortology.co.uk 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

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. You can return your plants within 7 days from the day of delivery for a refund or replacement.

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 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.

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)

Faulty Goods:

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.

We will refund any reasonable costs you prove that you have incurred in returning the faulty goods to us.

We recommend that you keep postal receipts for this purpose.

Please note, the unique nature of handmade ceramics produces slight variations in colour, glaze and form. These are expected as part of the individuality and charm of the piece and should not be considered as faults.

Incorrect Goods:

You must notify us as soon as you discover the mistake and within a reasonable period of time. We will either: (a) arrange for our carrier to collect the goods from you; or (b) ask you to return the goods to us by post at our cost.

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, you will be refunded the basic cost of the delivery based on the least expensive delivery method available at the time of ordering.

Please return the goods to us in their original packaging, quoting the order reference number. We advise that you return any goods using registered post in order to ensure their safe return.

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.

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. The ordering party warrants they are authorised to transact on behalf of the organisation; 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; or goods you ordered were listed at an incorrect price in error.

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.

Privacy

Hortology Ltd is committed to protecting and respecting your privacy and the security. Our Privacy Policy sets out the terms on which we process any information we collect from you or that you provide to us and provides information about the cookies on our website.

By using our website, you consent to such processing and you warrant that all information provided by you is accurate. Please read our Privacy Policy for more information.

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.

Intellectual Property

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.

No Waiver

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.

Severability

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.

Contact Us

To contact us, (including to discuss any complaint), please email info@hortology.co.uk 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.

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