These terms and conditions set out the legal relationship which is made between a person placing an order via this web site (‘you’) and Codnor Horticultural Wholesale Supplies Ltd (trading as Gro-Well), a company registered in England (company number 2704405 ) whose registered office is at 1 Derby Road, Eastwood, Nottinghamshire, NG16 3PA (‘we’ or ‘us’) when an order is placed and accepted. Sections 13 and 17 apply to all users of this web site irrespective of whether an order is placed.
1. Basis of Contract: By placing an order on this web site you offer to purchase the products contained in your order from us and agree to be bound by these terms and conditions. The contract of sale is formed when you receive our e-mail confirming your order. Our products are sold to you on the understanding that you are a consumer purchasing for your own private use; they are not sold to you for purposes of re-sale by you or for any other business use, and in no circumstances will we be liable to you for any losses, costs or expenses (including loss of profits or loss of opportunities) which may result from your use of, or inability to use, our products for business purposes.
2. Availability: We make every effort to ensure that the availability information on our web site is accurate and up to date, but there may be some occasions when it is not correct or where product arrives to us substandard from our suppliers and cannot be dispatched to customers. Where your original order cannot be fulfilled due to unavailability of products we will contact you to offer you equivalent substitute products (where available and subject to our discretion) or a full refund. Please note that we only deliver to addresses within the Mainland of the United Kingdom, for orders below 2kg, orders between 2kg and 100kg are to customers in England & Wales and mainland Scotland. Though, customers in Scotland will be charged a delivery surcharge in line with the appropriate rate charged by our third party couriers at the time of ordering. Unfortunately, due to transportation costs, we are only able to deliver orders over 100kg to customers situated in England & Wales only.
3. Despatch Times: All despatch times shown on our web site are our best estimates but they cannot be guaranteed. We will confirm despatch of your products by e-mail. Our aim is to despatch orders within five working days but this will be lengthened during periods of adverse weather conditions, external industrial action and prolonged holiday periods (Christmas, Easter etc).
4. Pricing, Postage & Packaging: All prices shown on our web site are correct at the time of publication, but we reserve the right to change prices at any time without prior notice. All prices include VAT where it is applicable. Unless otherwise stated, all prices are exclusive of postage and packing, for which charges are shown separately and added automatically to your shopping basket.
5. Quality: We aim to supply all products including seed potatoes, garlic bulbs, onion sets, loose grass seed and spring flowering bulbs in an acceptable growing condition. If for any reason you are not entirely satisfied on receipt of your order, please advise us by phone, email or by letter within the following periods:
Seed Potatoes, Garlic Bulbs, Onion Set, Grass Seed & Spring Flowering Bulbs: within seven days of receipt
Seeds: within 30 days of the germination time (as stated on the packet ) if majority germination is not satisfactory completed
Tools, Hanging Baskets, Hanging Basket Brackets & Chains, Sprayers & Spreaders: within 7 days if received in damaged or faulty condition. Within 6 month, if a fault develops in normal use. Failure due to abnormal or improper use or use contrary to any instructions provided is excluded. You may also have the benefit of a manufacturer’s guarantee for some items
Other: within a reasonable period having regard to the nature of the goods if the goods are of unsatisfactory quality or do not perform as may be reasonably expected.
Where the products supplied were not of satisfactory quality we will provide you with a full refund or if you prefer (and subject to the availability of equivalent replacement products and to our discretion) a replacement. Please note that we cannot be held responsible for plants or seeds which fail to grow due to extreme weather conditions, over- or under-watering, or which have not been cared for according instructions supplied. Where a refund or replacement is provided, we will require the return of the unsatisfactory products for inspection and testing – see section 7 below.
6. Your Right to Cancel: In accordance with the Distance Selling Regulations, you have the right to cancel your order at any time up to 7 working days from the day after receipt, except in the case of perishable items (which includes seed potatoes, garlic bulbs, onion sets, loose pea & been seed, grass seed and spring flowering bulbs). If you wish to cancel an order on this basis you must contact us within that period. You must also take reasonable care of the goods whilst in your possession and we will require you to return them to us – see section 7 below. You will be entitled to a full refund (excluding any postage and packing costs) where you cancel in accordance with this section 6.
7. Return of Products: Where you are to receive a refund or replacement under section 5 above or have cancelled an order under section 6 above, we will require you to return the products you have received to us. If so, you must return them to us promptly and, (in the case of cancellation under section 6), at your own cost. We can arrange collection of larger items, but you will be charged for this service at cost. If we do not require the return of any products you will be responsible for their disposal and any associated costs.
8. Methods of Payment, Vouchers and Refunds: We accept most major credit and debit cards for online and telephone orders with the exception of American Express AMEX cards. Please note that your account will be debited on receipt of your order. If you wish to pay by cheque you will need to post your order. If your card issuer or bank refuses to authorise payment to us, we will contact you for further instructions. We will not be liable for any resulting delay or non-delivery. Refunds will only be paid to the original purchaser of the goods. Online vouchers are personal to each individual and any inappropriate use is fraud. We reserve the right to cancel any vouchers at any time. Photocopied vouchers or vouchers duplicated by other means will not be accepted.
9. Safe Use of Products: Certain products in our range may be unsafe if misused. You must, upon receipt of any product accompanied by instructions or safety warnings, read them carefully any follow clearly any guidelines on how to use the product. If you are in any doubt about the use of the product, the meaning of any warnings, or whether your intended use of the product is safe, we urge you to contact the manufacturer for clarification prior to use. We cannot be responsible for any negligent use or misuse of products purchased from us. If no instructions are issued and you have a query about how to use the product you have purchased, please consult the manufacturer.
10. Statutory Rights: Your statutory rights are not affected by anything in these terms and conditions.
11. Liability: Save in the event of: (i) death or personal injury caused by our negligence or that of our employees, agents or contractors; (ii) fraud; (iii) any liability we may have under UK product liability legislation; and (iv) any other liability which cannot legally be excluded by us, our liability to you in respect of any order you place is limited to the value of the order including any VAT and P&P charges.
12. Intellectual Property: All intellectual property rights (including copyrights, trade marks and design rights) in the content of this web site are owned or controlled by us. In accessing our web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium) transmit, show or play in public, adapt or change in any way the content of our web pages for any other purpose without our prior written permission.
13. Third Party Information: We cannot be held responsible for material displayed on third party web sites (such as directory or price comparison sites) or any other third party materials. The only prices that apply to our products are those stated in our catalogues and on our web site from time to time.
14. Policies and Terms & Conditions: We reserve the right to make changes to our web site, policies, and these terms and conditions at any time. The terms and conditions applicable to any order will be those in force at the time when the order was placed. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
15. Events Beyond Our Reasonable Control: We will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause which is beyond our reasonable control.
16. Governing Law and Jurisdiction: These terms and conditions are governed by the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts in respect of any disputes arising from these terms and conditions or otherwise arising in respect of any order placed by you.