Terms and Conditions
1.1 These terms and conditions apply to each of the following:
The use of this Website
1.2 By using this Website and/or placing an order you agree to be bound by the Conditions as set out below. If you do not agree to be bound by the Conditions you may not access this Website, nor be able to purchase any goods or services from us.
1.3 We reserve the right to remove, modify or change without notice any information on this Website from time to time. We may also change these Conditions at any time by posting notice of the changes on the Website. If you use the Website after any changes have been made you will be bound by the new Conditions. You should therefore ensure that you read the Conditions each time you use the Website. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
1.4 Your attention is drawn in particular to certain clauses in these Conditions - in particular clause 16.3, which removes any right which might otherwise exist to cancel your order in the case of Perishable Products (which are defined below). There are also important provisions regarding:
o our liabilities to you in clause 20;
The following expressions shall have the following meanings in the Conditions:
"Customer Services" means our Customer Services helpdesk, the contact details of which are available here.
"Perishable Product" means any Product, which includes a plant, as we consider by its nature that the Product is liable to deteriorate or expire rapidly.
"Personal Information" means the details provided by you:
"Product" means a product displayed for sale on the Website;
"Special Conditions" means any terms and conditions expressly specified as such in the description of the Product;
"United Kingdom" means England, Wales, Scotland, Northern Ireland, the Isle of Man, and the Channel Islands.
"Users" means the users of the Website collectively;
"Variety Products" means plants protected by the Plant Varieties and Seeds Act 1964 and the Plant Varieties Act 1997;
"We/Us" means Expertage Limited trading as House of Plants. Our registered office is at House of Plants, Wellbrook, Five Ashes, Mayfield, East Sussex, TN20 6HJ.
"Website" means the website located at www.houseofplants.co.uk or any subsequent URL which may replace it;
"You" means a user of this Website
3. Use of the Website
3.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
3.2 This Website is provided to you for your personal use only. You agree that:
3.2.1 you will not use the Website for commercial or non-domestic purposes.
3.2.2 you warrant that:
4.1 You acknowledge and agree that:
4.1.1 all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors.
4.1.2 you may view or print individual pages from the Website for your own personal non-commercial use only. You may not copy, reproduce, modify, distribute, commercially exploit, publish, re-sell, display, post, or transmit any part of this Website without our written permission.
4.1.3 we may make available on this Website Variety Products under licence from the breeders of Variety Products. You should be aware that any propagation by cuttings taken from any Product sold on our website may infringe breeder's rights. You agree that any such propagation from Products sold to you will be entirely at your own risk and without any responsibility or liability to you on our part.
5. Purchase of Products
5.1 All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these Conditions.
5.2 You will be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
5.3. No order submitted by you shall be deemed to be accepted by us unless and until we confirm acceptance of your order by e-mail (where applicable) or by telephone or by delivery.
5.4. We are entitled to refuse any order placed by you.
5.5 Where goods are specifically ordered by us to satisfy special customer order requrements, these customer order may not be cancelled.
6. Product Descriptions
6.1 Whilst we make every effort to show and describe our products as
accurately as possible, you agree and acknowledge that:
7.1 All prices quoted are in British pounds (£) and are accurate at the time published but may be subject to change. VAT is included at the current rate where appropriate.
7.2 If the price goes up or down in the period between you placing and receiving your order, you will be charged the price at which we offered the Product(s) in question at the time your order was placed.
8.1 We accept payment for goods in a number of ways, which you will find listed under the "buy now" option.
8.2 Payment for the full amount of your purchases is normally collected at the time of order, no matter when the goods are to be delivered. For orders placed by telephone the method of payment may be negotiable and credit terms may be available to established corporate customers subject to conditions.
8.3 Should any items not be available we will refund you the amount in full by the same method as your payment as soon as we are aware of the difference.
9.1 We may offer promotional vouchers at various times which can be
used as part payment. Use of these vouchers is governed by the following
Subject to the above, our normal Conditions also apply.
10.1 Terms are set out in detail on our "Delivery" page.
10.2 We may be required to refuse deliveries of orders in the event of plant passport restrictions or other import, export or movement restrictions [and we may refuse to accept an order where acceptance would lead to disproportionately high carriage costs].
10.3 We will generally send plants using a 24 hour courier service.
10.4 Delivery charges will be as specified in the "Delivery" section of this Website, subject to any Special Conditions.
10.5 If you think you will be on holiday, or away from your delivery address when your order is due to be delivered, please give us at least 14 days notice and we will do our best to hold back despatch of your order until you return. We cannot however guarantee that the Product will still be available; in particular it may not be possible to bring forward or hold back delivery of seasonal items. Alternatively, please contact Customer Services to provide an alternative delivery address.
10.6 Delivery is deemed to have taken place at the time when delivery is first attempted at the delivery address provided by you in accordance with any delivery instructions.
11.1 All Products are subject to availability and may be withdrawn at any time, including after you have placed your order.
11.2 Products such as seasonal items are available for a fixed and limited period only.
11.3 If your order cannot be fulfilled we will let you know and (subject to the provisions on Substitute Products below) we will refund any monies due.
12. Substitute Products
12.1 We may occasionally substitute products of a similar description, and of equivalent quality and price, where for example the original item becomes unavailable. In the event that you are not happy with the substitute we send, you should contact us within 7 days and we will arrange for a full refund or replacement. We will usually require you to return the Product before we refund you or replace the Product. In the event that you have to return a substitute product, we will reimburse you for any postage up to the value of £4, or if postage would cost more than £4 we will arrange for the Product's collection. Please see below for more detail about returns, refunds and replacements.
13. Receiving your order
13.1 You agree to unpack your order immediately on arrival and check that everything you expect is enclosed. This is especially important for orders containing plants as some may suffer if kept in their packaging for any length of time and the success you have may well be reduced.
14.1 All plants are checked before dispatch and will be in good condition, free of disease at the time of delivery, and true to type. If you are not happy with the plants when you receive them all packaging must be kept for a pick up of your order. Plants potted into decorative containers are deemed as a special order and a full pick up and refund is at our discretion.
15.1 Risk of damage to or loss of the goods passes to you either at the time of delivery to you (or to the agreed delivery address), or at the time we attempted to deliver to you in accordance with your delivery instructions, whichever is the sooner.
15.2 You will own the goods as soon as:
16.1 You can cancel or change any of your current orders prior to dispatch by contacting Customer Services.
16.2 If you wish to cancel your order after delivery and you do so in writing within 7 days of the date of delivery, you are entitled to a full refund or replacement, subject to these Conditions.
IMPORTANT CONDITION: We don't hide the nasty stuff in the small print
but you will understand that with perishable houseplants sold mail order
we are vulnerable to fraudulent claims, we can assure you we will do
our very best for you but we have to say that:
16.3 you do not have a right to cancel your order after delivery has been arranged where it relates to perishable products. Please refer to the definitions in clause 2 above to ascertain whether the product(s) you have ordered are classified as perishable products. We may offer to provide a refund or replacement in respect of perishable products, but this is entirely at our discretion, and we reserve the right to refuse to cancel, to reimburse or to replace your order. We will exercise this right if we consider that the perishable product has or is likely to have deteriorated or expired or become damaged after delivery, whether or not as a result of your failure to look after the product in line with our guidance and/or any advice given by us.
17.1 If you are not entirely satisfied with your order upon delivery please contact us immediately.
17.2 If any Product you receive from us can be shown to be faulty or damaged on delivery we will replace it free of charge or fully refund the price paid.
17.3 If we make any mistake concerning your purchase we undertake to correct the error within 30 days.
17.4 This clause 17 does not affect your statutory rights.
18. Returns, refunds and replacements
18.1 Where you cancel your order or are unsatisfied with the Products delivered, we may require you to return the Products before we are able to provide you with a refund or replacement. Before returning anything, please contact Customer Services.
18.2 The cost of returning Products will be at your expense, except
where a Product was:
18.3 If you are returning the Product for any of reasons (a) to (c) above, we shall refund the postage paid if this is under £4.00 or will arrange collection if postage would cost over £4.00. Customer Services will advise you on or help you to make appropriate postage or courier arrangements when you contact them prior to returning the Product.
18.4 Where a refund or replacement is necessary, we will endeavor to provide this within 7 days of us receiving the returned Product or from the date of agreeing the refund. As soon as your refund or replacement has been issued to you we will send you an e-mail to confirm this has taken place. The latest you can expect to receive any refund will be 30 days from the date we received your written confirmation that you wished to cancel your order.
18.5 During the time the Product is in your possession you must take reasonable care of it, which should be in accordance with any guidance on this Website or (if provided) any other advice you are given by us.
18.6 You must not dispose of the Product other than by returning it to us for a period of three months from the date of cancellation of your order unless agreed with us.
18.7 This clause 18 does not affect your statutory rights.
19. Customer services
19.1 We hope you will find most of the information you require, including growing and care instructions, in our info & help section, however, if you ever need to contact us either about placing an order, an order you have already placed or received, or particular Products please do not hesitate to contact our helpdesk (contact details below). Please also contact our helpdesk with any questions on the returns procedure or any comments on the level of service you have received. We would prefer you to e-mail us in the first instance but you can also write or telephone us during office hours at:
House of Plants
T: 01435 874874
20.1 This Website should only be used for information and ordering purposes. We are not responsible for the accuracy of the Website, although every effort has, is and will be made to ensure that the information contained is correct and up to date. We shall not be liable for any damage or loss that may occur in the use of any of the information contained or advice given in this Website except as stated in any individually negotiated terms and conditions of sale (where applicable) and to the extent that such liability cannot be excluded by law.
20.2 We do not accept responsibility for the reliability of access to this Website or its fitness for a particular purpose. We will not be liable for damages or losses resulting from your use of or inability to use this Website. Neither do we guarantee that this Website will operate free of error or that it is free of computer viruses or any other contaminating computer programme.
20.3 We will not be liable for any loss suffered from your accessing
third party websites through any links provided on this Website or otherwise.
You acknowledge and agree that, as you have chosen to enter the linked
website you do so at your own risk, and that we are not responsible
for the availability of such external sites or resources and that we
do not review or endorse and are not responsible or liable, directly
or indirectly, for:
20.4 We will not be liable for any loss or damage to Products or any consequential and/or subsequent loss once delivery has been attempted at the delivery address provided by you in accordance with your delivery instructions.
20.5 We will not be liable for any loss caused to you by late delivery of Products.
20.6 We will not be liable to you for delay or failure to perform due to any causes beyond the reasonable control of us or our suppliers, including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other person), Act of God, war, armed conflict or terrorist attack, nuclear, chemical or biological contamination or sonic boom, riot, civil war, civil commotion, malicious damage, compliance with any law or governmental action order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, or other adverse weather conditions.
20.7 Nothing in this clause shall limit or exclude our liability in respect of death or personal injury arising out of or caused by our negligence.
21. Severance and Waiver
21.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
21.2 No Waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision. If you breach these Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Conditions.
22.1 You may not transfer any of your rights under these Conditions to any other person. We may transfer our rights under these Conditions to another business where we reasonably believe your rights will not be affected.
23. Entire Agreement
23.1 These Conditions govern our relationship with you. Any specific matters discussed between you and us will not form part of the Conditions unless they are in writing and signed by both parties.
23.2 You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.
Your statutory rights are not affected by these Conditions.
Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
24. Governing Law and Jurisdiction
24.1 These Conditions and your use of this Website are governed by
and construed in accordance with the laws of England and Wales and any
disputes will be decided only by the Courts of England and Wales.