Terms & Conditions

General

By purchasing plants from Simplyplants, which is a trading brand of HD Plants Ltd, you are entering into a legally binding agreement with us on the Terms shown in the sections below. We advise you to read and understand these Terms before submitting your Order because they affect your rights and liabilities and relationship with us under the Contract.

1. Definitions of Common Terms Used

2. Basis of Sale & 4. Price and Payment

Basis of Sale

The quality, quantity, price and description of Products will be as per those set out in your Order on the Order page of the website, or as confirmed to you in writing if your Order is received by telephone. We can only accept Orders from within our Delivery Area.

We try to give you a clear idea of the nature of the plants we are selling. Pictures of plants on the website are broadly accurate but variations in colour, shape and size must be expected from living things. The information, illustrations and descriptions are for guidance only. We will try to keep the website up to date at all times but the data shown is for your information only. We reserve the right to make changes to this website at any time.

Plant sizes are approximate. Plants grow individually and whilst we make every effort to ensure that all plants supplied are at least the minimum of the size range we indicate, occasionally plants are slightly smaller, especially if ordered at the beginning of a growing season. Equally, sometimes plants are taller than indicated, especially if ordered at the end of a growing season.

Orders will only be accepted at our discretion, if the Products are available. Our acceptance of your Order will take place when we confirm our acceptance in writing (usually by email). Only at this point will the Contract come into existence between us.

3. Changes

If you wish to make a change to your Order please contact us. We will let you know if the change is possible. If it is, we will let you know about any changes to the price, delivery times or anything else and ask you to confirm whether you wish to go ahead.

4. Price and Payment

We will always endeavour to supply the Products at the agreed price set out on the Order page. If the price of the Products increases between the date of the Order and the date of despatch, we will inform you and ask you to confirm by email that the new price is acceptable. If not, you will be entitled to cancel the Contract without charge.

Our charges for packaging and delivery are included in the price shown on the website unless your order does not meet with one of our free delivery criteria. For more information on our delivery criteria please see our Delivery Page.

We will charge your payment card upon receipt of your Order. We accept most major forms of credit and debit card as detailed on our website. If your Order is subsequently not accepted, we will refund you the amount charged.

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.

Despite our best efforts, some of our Products may be incorrectly priced on the website. Where the Product’s correct price at your Order date is less than our stated price, we will charge the lower amount. If the correct price is higher, we will contact you for instructions before accepting your Order. If we accept an Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you and require return of any Products provided.

For details of how promotional offers and discount codes operate, please see our Promotion Terms.

5. Delivery

Delivery will be made to the address given with your Order; please ensure this is accurate and clear as to where you would like the Products left if you are out when we deliver. We cannot accept any liability for incorrect delivery instructions or damage to the Products as a result.

If no date was provided with the order, we will deliver them to you as soon as reasonably possible (usually within 3–7 working days) and in any event within 30 days after the day on which we accept your Order. The only exception is for products online which clearly state they are pre-orders for delivery for a specific future date.

Occasionally delays to our standard delivery timescales occur during our peak seasons (March–May and October–November). Where possible we will let you know about this delay however we will not be held liable for any costs incurred as a result of delayed deliveries and will not be obligated to pay any compensation for such delays. If the delay is substantial you may cancel the Contract and receive a refund on Products you have paid for but not received.

We use parcel and pallet carrier networks for our deliveries and we will not be held responsible for any delays or costs incurred due to delays caused by the carrier. If delivery is delayed for reasons beyond our control, we will contact you as soon as possible to agree a new delivery date. We would not advise that you arrange planting on the day of delivery as items may not be delivered until 6pm that day.

All of our deliveries are sent out as ‘No Signature Required’ so if we are unable to leave them at your address, we will contact you to re-arrange delivery. If you do not re-arrange delivery, we may charge you for storage costs and any further delivery costs.

Our products are delivered boxed or on a pallet. The packaging will be left with you at the point of delivery and it is not the responsibility of the courier to dispose of boxes or pallets. Large orders are sent on pallets and will be left where the couriers can get them to. The drivers will not unload the plants.

6. Risk & Ownership

You become responsible for the Products at the time they are delivered to you, so any subsequent loss or damage is your own responsibility. You are responsible for care, maintenance and the welfare of all plants after delivery. You will become the owner of the Products once we have received payment in full.

7. Quality & Returns

We are under a legal duty to supply Products that conform with this Contract. We inspect plants carefully before despatch but accept that very occasionally things may go wrong. The Products may be returned if they are not what was ordered. In order to return any non-conforming Products, please contact our helpdesk immediately. We will require a photograph to be sent to us to verify the condition/issue. We will do our utmost to resolve your complaint, assuming we agree with you that the plants are not of the appropriate quality, or otherwise do not conform to the Order. The Products remain your responsibility until we receive them.

12 Month Plant Guarantee

We offer a full 12 month guarantee on all our plants subject to qualifying conditions. By purchasing Rootgrow plus one other recommended secondary plant feed (either Seaweed Bio-stimulant, Bone Meal or After Plant) at the time of plant purchase, and by following our recommended planting guidelines, all plants purchased will be covered under our full Expert Evergreen 12 month plant guarantee. For more information see our Plant Guarantee Page.

Nothing in these Terms will affect your legal rights.

8–10. Terminating or Cancelling the Contract

8. Your Rights to Terminate or Cancel

You may terminate the Contract where:

• We have told you about an upcoming change to the Products or these Terms which you do not agree to;
• We have told you about an error in the price or description of the Products you have Ordered and you do not wish to proceed;
• There is a risk that supply of the Products may be significantly delayed because of events outside our control;
• We have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for more than 30 days; or
• You have a legal right to end the Contract because of something we have done wrong.

For most Products bought online or by telephone you have a legal right to change your mind within 14 days and receive a refund of the Price of the Product and any delivery costs. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. We may make a deduction from the refund due to signs of unreasonable use or if the Product needs to be repackaged or reduced in price to resell. Products mixed inseparably with other items after delivery cannot be returned under this clause.

Please note that cancellation and return of items classed as surplus, no longer required or bought in error will incur collection costs and the original cost of delivery.

9. How to End the Contract With Us

Tell us you want to end the Contract by contacting us either by phone, email or post. If you wish to exercise the right to change your mind, you may use the Model Cancellation Form (available on request).

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. Please contact us to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.

We will pay the return costs if the return is 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. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of collection.

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 of your telling us you have changed your mind.

10. Our Right to Terminate or Cancel

We may terminate the Contract for a product at any time by writing to you if:

• You do not make payment and you still do not make payment within 30 days of us reminding you that payment is due;
• You do not, within a reasonable time of asking, provide us with necessary information e.g. your delivery address;
• You do not, within a reasonable time, allow us to deliver the Products to you.

We will refund any money paid in advance for Products not yet provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

We may cancel the Contract if we withdraw the Products. We may write to you to let you know that we are going to stop providing the Product and will provide a refund of any sums you have paid in advance for Products which will not be provided.

11. Our Responsibility for Loss or Damage Suffered By You

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products and for defective Products under the Consumer Protection Act 1987.

We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12–14. Data, Copyright & General

12. Copyright

None of our material may be used without our written permission but you may print a copy of pages connected with your Order. Unauthorised use of a trade mark is unlawful.

We accept no responsibility for the content accuracy of any websites that are linked to our website.

13. Data and Personal Information

We will take all reasonable care over the safekeeping of all information provided for your Order but cannot be held responsible for any loss that you may suffer if unauthorised access to any data, including your credit card data, occurs when you are accessing or placing an Order on our website and it is due to factors outside of our control.

We will use the personal information you provide to us to supply the Products to you, process your payment for the Products, and to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.

We will only give your personal information to third parties where the law either requires or allows us to do so. Both inbound and outbound calls may be recorded for quality monitoring and training purposes.

14. General

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. You may only transfer your rights or obligations under these terms to another person if we agree to this in writing, we shall act reasonably in doing so. Nobody else has any rights under this contract.

If a court finds part of these Terms illegal, the rest will continue in force.

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.

This contract will be governed by English law and any dispute handled in an English court. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.