Terms & Conditions
Agreement to terms and conditions
1.1 This website is owned and operated by ‘Plant and Grow Limited’, trading as ‘Plant-n-Grow’. References to ‘we’, ‘us’,’our’, or ‘the’ website refer to ‘Plant and Grow Limited’. We are a company registered in Scotland (company number SC460449) you can contact us at info@Plant-n-Grow.com and our address for correspondence is; Plant and Grow Limited, 8 Kirkhill Gardens, Edinburgh, EH16 5DF.
1.2 Use of this website, purchase of our products and use of our subscription service is at all times subject to these Terms and Conditions and all applicable laws. By accessing our website you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should exit our website immediately.
1.3 Changes to terms and conditions
We reserve the right from time to time, with or without notice to you, to change these terms and conditions at our sole discretion. The terms and conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the Plant and Grow Ltd website after changes are made means that you agree to be bound by such changes.
2. Purchase of Products
The purchase of products from the site Plant-n-Grow Limited is governed by these terms and conditions. By ordering products you (the purchaser or buyer) agree to be bound by these terms and conditions. Contained in these terms and conditions are details of current regulations governing online shopping. Please read them carefully as they contain important information. If you intend to purchase from Plant-n-Grow Ltd, we recommend that you print and carefully read and review a copy of these terms and conditions. Plant-n-Grow reserves the right to change, modify, and substitute or remove, without notice, any information on this site as necessary. You are also required to approve the standard Terms and Conditions at Sage Pay (“Sage PayTerms”) when setting up payment details. The Sage Pay Terms are incorporated into this agreement so far as they are compatible and consistent with these terms.
3. Ownership of Rights
3.1 All rights including copyright of this website are owned or licensed by Plant and Grow Ltd , All rights reserved. Any use of this web-site or its contents including copying or storing it or them in whole or part, other than for your own personal, non- commercial use is prohibited without our permission. You may not modify, distribute, or repost anything on this website for any purpose.
3.2 All trademarks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such materials.
4. Joining Plant-n-Grow Ltd
We may refuse any application to join Plant-n-Grow Ltd or receive our services for any reason. Please note that by supplying your telephone number on joining us you grant your permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.
If you change your address, you must update your address details in the relevant section of the website to ensure that no boxes are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any items posted to the wrong location.
The subscription seed service is not available to
those who cannot enter into a binding contract or
some territories outwith Europe
If you do not qualify you cannot use the Plant-n-Grow site.
Your Contract with Us
With the exception of subscription customers, we must receive payment of the whole of the price of the goods that you order before your order can be accepted. Once payment has been received by us, we will confirm your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
Monthly, 3 & 6 monthly subscription customers hereby authorise us to charge them and take payment each month until such time as they cancel their subscription in accordance with this contract.
You represent that you will not use any form of payment unless you have all the necessary authorisation to do so. To pay for an order, you will need to provide Plant-n-Grow with the information necessary to process an order from you, including your shipping address and billing information requested on the payment site. We can accept payment in pounds sterling, euros and dollars. We accept debit and credit cards including MasterCard, Visa, Visa Debit / Delta and Visa Electron.
In the unlikely event that your payment card is used fraudulently to make a purchase with Plant-n-Grow, you, the (purchaser or buyer) are entitled to cancel the said payment. If payment has already been made by you, the purchaser, you are entitled, in accordance with the Consumer Protection / Distance Selling) Regulations 2000 (as amended by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005) together with the Distance Selling Regulations, to a re-credit or to have all sums returned to you by the card issuer.
Where we have validly taken payment in consideration of providing products under this contract and where the customer obtains a repayment from their credit card provider (also known as a charge back), notwithstanding such charge back, the customer shall remain liable to us for such sums save where the customer has returned the products to us in the specific circumstances permitted by this Agreement. Customers receiving a charge back shall be liable to pay us an administration charge of £20 each month until we receive payment in full from the customer where the charge back represents a breach of this agreement.
5. Delivery and Return of Products
5.1 We use Royal Mail in the UK to deliver our products to you. We aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. You are required to pay extra for delivery and it might not be possible for us to deliver to some world-wide locations. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period. For example;
your delivery address details
when you make your selection, and
circumstances impacting upon delivery by Royal Mail
We reserve the right to use alternative delivery methods without prior notification.
Goods will be delivered to the address you specify for delivery in your order, please ensure this address is accurate.
5.2 It is the customer’s responsibility to report all lost items online within 7 calendar days. Customers are obliged to comply with either Royal Mail’s claim compensation process or Plant-n-Grow Limited’s process. Failure to comply with these processes, as amended from time to time, will result in no refund.
5.3 If you dissatisfied with any product you receive from us, please contact our customer services team firstname.lastname@example.org. We retain the right to request a return of any faulty goods by recorded delivery to 8 Kirkhill Gardens, Edinburgh, EH16 5DF and the product will be inspected. If the fault is agreed, a full refund will be given for the returned goods. We will consider refunds for any boxes returned to us within 7 days of receipt. We reserve the right to refuse refund on any product.
6. Cancellation Rights
Under the Distance Selling Regulations, you have the legal right to cancel your order within 7 days of receipt of your goods (with the exception of bespoke orders). You do not need to give any reason for cancelling your contract.
Monthly subscription customers can cancel their Plant-n-Grow subscription at any time by e-mailing email@example.com which will become effective when we confirm receipt. Please ensure that you provide all the necessary details to identify your account.
If you have received the goods before you cancel your contract you must send the goods back 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 as soon as possible to our customer address at your own cost and risk.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit / debit card will be re-credited to your account asap 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 and in accordance with our return policy above. If you do not return the goods delivered to you or do not pay the costs of the delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
You will be re-credited the costs incurred in returning faulty goods.
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 area;
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 info received by us from 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 / debit card as soon as possible but in any event within 30 days of your order.
7. Availability of website
7.1 Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
7.2 Your access to the Plant-n-Grow Ltd website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via e-mail or telephone.
8.2 Promotion codes
Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
9. Disclaimer of Warranties and Limitations on Liability
9.1 Nothing in this clause (13) or otherwise in these Terms and Conditions shall exclude or in any way limit Plant-n-Grow Limited liability for;
Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977.
Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.
Liability to the extent the same way may not be excluded or limited as a matter of law.
Nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizens Advice Bureau.
9.2 This website and its contents are provided ‘as is’ and on an ‘as available’ basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website. We reserve the right to deliver boxes of content at our sole discretion. Subject to clause 9.1, we disclaim all representations and warranties, including for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
9.3 Subject to clause 9.1 in no event shall we, our shareholders, directors, officers or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not advised of the possibility of the damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
9.4 Subject to clauses 9.1, 9.2 and 9.3 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of £1 and/or the total amount paid to you by us in respect of Plant-n-Grow Limited Services in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.
10. Applicable Law
This website is controlled by Plant-n-Grow Limited. Your use of this website is governed by these Terms and Conditions and constructed and enforced in accordance with the laws of Scotland. Disputes arising from your use of this website and the services we provide are subject to the exclusive jurisdiction of the Scottish courts.
11. Assignment by us
You agree that we may assign any of our rights, and /or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of another party.
12. No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
13. Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions.
14. In accordance with clause 1.2 we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without consent of any third party.
15. Damaged or Defective Items
You must inspect the products on day of receipt and notify us the same day of any defects. We will replace or refund you for defective products if notified of any damage or defects on the day of receipt.
16. Indemnity by you
You agree to indemnify and hold Plant-n-Grow Limited, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of any applicable laws or the rights of any third party.
17. Website disclaimer
18.1 The information contained in this website is for general information purposes only. The information is provided by Plant-n-Grow Limited and whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
This website and its content are copyright of Plant-n-Grow Limited.
This version last updated April 2014.