HEADY PLANTS WEBSITE TERMS AND CONDITIONS OF SALE
What these terms cover. These terms and conditions apply to any products or services you may purchase from us through our website, http://www.headyplantsandcleaning.co.uk. Please read all of these terms and conditions carefully before you order any products or services from us because, by ordering, you agree to be bound by them. Each time you place an order you will be asked to agree to these terms and conditions. If you do not accept these terms and conditions, you should not order any products or services from us.
1. Information about us and how to contact us
1.1 Who we are. We are Heady Plants. Our business address is Dead Queen Farm, Stoke Road, Newton Longville Milton Keynes MK17 0BQ
1.2 How to contact us. You can contact us by telephone on 07986297547 or by writing to us at headyplants@hotmail.co.uk
1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. Our contract with you
2.1 The steps required to form the contract between you and us are as follows:
2.1.1 You place the order for the products and/or services you would like to purchase on our website by following the onscreen prompts. You will have the opportunity to check and correct any errors in your order up until the point at which you place your order by accepting these terms and conditions of sale and clicking the “Confirm and Pay” button on the order summary page. No changes may be made to your order after this point.
2.1.2. Once those steps are completed, we will take payment from your chosen payment method. If payment is successful, you will receive an order confirmation email containing your order confirmation number and to confirm that we are processing your order. A contract between us will be formed only when we dispatch your order.
2.1.3. Once your order is ready for dispatch, you will receive a communication by either email, text message or telephone from either us or the relevant delivery provider to confirm when your products will be delivered to you.
2.1.4. If for any reason we cannot provide you with a product in your order, you will be contacted by telephone or email and a refund will be issued for the amount you paid for such product, including any relevant delivery charges paid if the order contained only that product
2.2 Confirmation of personal status. By placing an order with us through our website, you are confirming to us that you are a consumer and that you are at least 18 years old.
2.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
2.4 Restrictions on delivery areas. We reserve the right but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. You can check whether we deliver a product to your area by entering your postcode online. Unfortunately, we do not accept orders from or deliver to addresses outside our local delivery area.
3. Our products
3.1 Product images. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because some of our products such are plants are growing living products, all sizes, weights, capacities, dimensions and measurements indicated on our website may vary.
3.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
3.3 Product information. The product information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we may not accept your order for the affected products, or if your order has already been accepted, we may not supply the affected products to you. We will notify you if this is the case and will not charge you for the product.
3.4 We do not warrant that the quality of any products or services obtained by you will meet your expectations.
4. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
5. Our rights to make changes
5.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
5.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
6. Providing the products
6.1 Delivery costs. The delivery charge will be notified to you before you place your order and confirmed in our acceptance of your order.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 Door step delivery only. Unless otherwise stated, we will deliver your products to your door step only (and does not include removal or disposal of packaging). Due to local lockdown restrictions, our delivery service has been adapted to keep us and customers safe during this time. All items will be delivered in line with social distancing guidelines, following a contact-free process.
6.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note or contact you informing you of the attempted delivery and how to rearrange delivery.
6.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery, we may end the contract with you
6.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us. If you provide us with an incorrect delivery address and your order is signed for by someone else, or if the intended recipient is no longer resident or employed at the delivery location you specify, we cannot be responsible for any losses you may incur as a result, for example, theft of the products.
6.8 When you own goods. You own a product which is goods once we have received payment in full and have dispatched your order unless due to unforeseen circumstances we cancel your order as set out in these terms.
7. Your rights – Cancellation, Returns and Refunds
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty, damaged or incorrect you may have a legal right to end the contract we may offer you a repair, exchange or refund, see clause 10.1;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind)
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below we will consider your reason(s) for wanting to end the contract and attempt to find a resolution which you are happy with. This may include providing you with a full refund. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong
7.3 How long do I have to change my mind? For most products bought online you have a legal right (under the Consumer Contracts Regulations 2013) to change your mind within 14 days and receive a refund provided that you exercise your right to cancel your contract. Returns are only accepted in the same condition they were delivered with the original packaging. Where you are exercising your right to cancel because you have changed your mind, the products will be collected at your cost.
7.4 When you don’t have the right to change your mind. Your right to return or cancel products does not apply to the following even if the cancellation period is still running. This doesn’t affect your statutory rights if the products are faulty or not as described
(a) Goods that are perishable
(b) made to measure or are made to your specification
(c) to products sealed for hygiene or health protection purposes (once these have been unsealed after you receive them)
(d) any products which become mixed inseparably with other items after their delivery.
8. What you need to do – Cancellations, Returns and Refunds (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us by telephone on 07986297547 or email us at headyplants@hotmail.co.uk Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us within 14 days of telling us you wish to end the contract. You must allow us to collect the products from you. Please call us on 07986297547 or email us at headyplants@hotmail.co.uk to arrange collection.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty, damaged or incorrect;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
8.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may make a deduction from the refund for any loss in value of the products (excluding delivery costs), if the loss has been caused by unnecessary handling by you.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address for delivery;
(c) you do not, within a reasonable time, allow us to deliver the products to you
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract
10. If there is a problem with the product
10.1 How to tell us about problems. If you think your plants or items were delivered to you damaged or unhealthy, please take a photograph of it/them and email us explaining what your concern is to headyplants@hotmail.co.uk and we can discuss the most appropriate resolution. If you have any other questions or complaints about the product, please contact us. You can telephone us on 07986297547 or email us at headyplants@hotmail.co.uk Please include your order number and date of delivery if possible
10.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products within 14 days of delivery you must allow us to collect them from you. We will pay the costs of collection. Please call on 07986297547 or email us at headyplants@hotmail.co.uk to arrange collection.
11. Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If this is the case, we will, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
11.4 When you must pay and how you must pay. We accept payment with credit and debit cards. You must pay for the products, and any related services, before we dispatch the products.
12. Our responsibility for loss or damage suffered by you
12.1 We do not accept any loss for late deliveries, incomplete orders or items, or damaged products. Please do not book, confirm or instruct any third parties to complete any works relating to the products until you have received them and you have checked that they are complete and conform to your requirements as we do not accept any liability for losses you incur as a result of late deliveries, incomplete orders or items, or damaged products
12.2 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot be excluded by law.
12.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.4 We are not liable for business losses. Our products are only intended for use by consumers (that means people who want to buy our products for domestic and private use and not for any business purposes). If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
13. How we may use your personal information
13.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else . You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract . This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or to make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. You and we agree that English law applies to these terms and that any dispute between us arising out of or in connection with these terms will only be dealt with by the English courts
Appendix 1 – Model Cancellation Form
Complete and return this form to headyplants@hotmail.co.uk only if you wish to withdraw from the contract
To Heady Plants,
I/We hereby give notice that I/We cancel my/our contract of sale of the following goods:
Ordered on/ Received on: / /
Name of consumer:
Address of consumer:
Date: