1 The contract between us
We (Hopes Grove Nurseries (Native Plants) Limited – company number 4171266) must receive payment of the whole of the price for the goods that you (the customer) order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted to us when we send to you an email that the goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.
2.1 The prices payable for goods that you order are as set out in our website. If they increase between the date of your order and the date of dispatch, we will email you to check you still wish to proceed.
2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our usual delivery charges are set out in our website.
3 Right for you to cancel your contract
3.1 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 placed your order. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us in writing, either by email or by post.
3.3 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.
3.4 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.
4 Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 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.
4.2 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.
5 Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address in the United Kingdom you give us for delivery at the time you make your order, or (in the case of large or heavy 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.
5.2 Delivery will be made as soon as possible at the appropriate season after your order is accepted – we will notify you when to expect delivery.
5.3 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.
6.1 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 at our contact address of the problem within 10 working days of the delivery of the goods in question.
6.2 Plant sizes quoted are approximate and pictures on our website are for guidance only, and we give no representation or warranty as to description, productiveness. suitability for purpose or lifespan. There are inevitable natural variations in plant size, shape and colour; further, plants will tend to be smaller at the beginning of their growing season and larger at the end.
6.3 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 at our contact address of the problem within 200 days of that date. If you notify a problem to us under this condition, our only obligation will be, at our option:
6.3.1 to make good any shortage or non-delivery;
6.3.2 to replace or repair any goods that are damaged or defective; or
6.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.4 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 6.3.3 above.
6.5 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.
6.6 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.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Hopes Grove Farm, Smallhythe Road, Tenterden, Kent TN30 7LT and all notices from us to you will be displayed on our website from to time.
8 Events 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.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.