If you are ordering Products and/or Construction Services, you should print a copy of these terms and conditions for future reference, and always check our site for any changes to these terms and conditions prior to using our site and/or ordering any Products and/or Construction Services.
You may have other rights granted to you by law in addition to those set out in these terms and conditions, which may not be excluded. These terms and conditions do not affect those other rights granted by law.
www.haygrove.co.uk is a site operated by Haygrove Limited. We are registered in England and Wales under company number 03266992 with our registered office and main trading address at Redbank, Ledbury, Herefordshire HR8 2JL, England. Our VAT number is GB785856463.
Product supply is strictly subject to availability. Our site is only intended for use by people resident in the countries of the European Union (Serviced Countries). We do not accept orders from individuals outside the Serviced Countries. Some restrictions are placed on the extent to which we accept orders from specific countries within the Services Countries. We intend to advise you by email following your making an enquiry or placing an order with us, if such a restriction is applicable.
3.1Strictly within the United Kingdom it may be possible for us to construct and position the Products (Construction Services) at your premises (Assembly Site). Please note that we reserve the right to refuse to provide the Construction Services where there is insufficient availability of Products and/or our employees capable of providing the Construction Services (Construction Team). In any event we are only able to provide the Construction Services at all or on time if the following conditions are met:
3.1.1we are able to provide the Construction Services to you within our normal working hours;
3.1.2we are given by you, in sufficient time, any information and instructions relating to the Construction Services that is or are necessary to enable us to provide the Construction Services in accordance with these terms and conditions;
3.1.3we are given suitable access to, from and around the Assembly Site;
3.1.4the Assembly Site is suitable, with requirements including but not limited to the Assembly Site being sufficiently level, safe and clear of obstruction; and
3.1.5you have obtained and maintained the appropriate licences, permissions (including but not limited to planning permissions), consents for the construction, assembly and continued situation of the Products at the Assembly Site.
If one or more of the above conditions are not met then we may be unable to provide the Construction Services and we accept no liability for our inability to do so in such circumstances.
3.2If, in our sole discretion, we deem the conditions referred to in clause 3.1 above not to be met then we shall be entitled (in our sole discretion) to:
3.2.1refuse to provide the Construction Services; or.
3.2.2agree to provide the Construction Services subject to an increased construction charge. The increased construction charge reflects the fact that in those circumstances, we will have to carry out additional work to provide the Construction Services.
3.3A callout charge of our reasonable transport and hourly Construction Team costs will be payable immediately by you in the event that we arrive at the Assembly Site with the intention of providing the Construction Services and are unable to do so because of the issues outlined in clause 3.1 above.
3.4Subject to any increase in the standard charge referred to in clause 3.2.2 or the charging of the callout charge referred to in clause 3.3 or unless otherwise agreed in writing with us, the standard charges for our Construction Services will apply, as are set out in the Product specific details.
3.5We will use reasonable endeavours to:
3.5.1provide the Construction Services and to provide them on the dates set out in the Acceptance Confirmation referred to in clause 5.1 below; and
3.5.2complete the Construction Services within a 24 hour period from the arrival of our Construction Team at the Assembly Site;
however, please note that there may be circumstances which affect our ability to provide the Construction Services including but not limited to weather conditions, access to your premises, the condition of the ground upon which the Product are to be situated. In such circumstances we will complete the Construction Services as soon as reasonably possible.
3.6In the event that we agree to construct the Products on your behalf and provide you with the Construction Services you acknowledge and warrant to us that you are the owner of the land upon which the Products are to be constructed and that our presence on the land, activities on the land and provision of the Construction Services on the land will not violate the rights of any third party. Furthermore you will notify us of any health and safety issues and/or security issues relevant to the Assembly Site prior to us attending the Assembly Site.
3.7You agree to be responsible for any loss or damage we may incur which is caused by:
3.7.1your failing to comply with your obligations under clause 3.6 and/or
3.7.2our following your instructions in carrying out the Construction Services under any contract between us, formed in accordance with clause 5.1 below.
3.8We only supply the Construction Services for domestic and private use, and you agree not to use the Construction Services for any commercial purpose.
By placing an order through our site, you acknowledge and warrant that:
4.1.1You are legally capable of entering into binding contracts;
4.1.2You are at least 18 years old;
4.1.3You are resident in one of the Serviced Countries referred to in clause 2; and
4.1.4You are accessing our site from the Serviced Country within which you are resident.
5.1Please note that receipt of your order by us does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product and/or Construction Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms our acceptance of your order (the Acceptance Confirmation). The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation.
5.2Please ensure that you read and understand these terms and conditions before you submit your order, because you will be bound by the terms and conditions once a Contract comes into existence between us, in accordance with clause 5.1
5.3The Contract will relate only to those Products and/or Construction Services whose acceptance of order we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Products or Construction Services relating to these other Products which may have been part of your order, until your order for such Products and/or Construction Services has been confirmed in a separate Acceptance Confirmation.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
7.1You may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 11 below).
7.2To cancel a Contract, you must inform us in writing via email to email@example.com. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of these Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3You will not have any right to cancel a Contract for the supply of any bespoke Products (if such Products are available).
7.4Details of the statutory right to cancel referred to in clauses 7.1 and 7.2, and an explanation of how to exercise it, are provided in the Acceptance Confirmation.
8.1The quantity and description of the Products and/or Construction Services will be as set out in our Acceptance Confirmation.
8.2Unless we are prevented from doing so by a Force Majeure Event, we will provide Construction Services which:
8.2.1conform in all material respects with their description;
8.2.2are carried out with reasonable care and skill;
8.2.3are fit for any purpose we say the Construction Services are fit for, or for any purpose for which you use the Construction Services and about which you have informed us, or for which we could reasonably expect you to use the Construction Services;
8.2.4are free from material defects in design, material and workmanship; and
8.2.5comply with all applicable statutory and regulatory requirements for supplying the Construction Services in the United Kingdom.
Subject to clause 8.4, we do not make any other promises or warranties about the Construction Services.
8.3We warrant that on delivery the Products shall:
8.3.1conform in all material respects with their description;
8.3.2be of satisfactory quality;
8.3.3be fit for any purpose we say the Products are fit for or for any reasonable purpose for which you use the Products;
8.3.4be free from material defects in design, material and workmanship; and
8.3.5comply with all applicable statutory and regulatory requirements for selling the Products in the United Kingdom.
Subject to clause 8.4, we do not make any other promises or warranties about the Products.
8.4This warranty is in addition to your legal rights in relation to Products and/or Construction Services which are faulty or which are not carried out with reasonable skill and care or which otherwise do not conform with these terms and conditions.
8.5This warranty does not apply to any defect in the Products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Products in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
8.6We will take reasonable steps to pack the Products properly and to ensure that you receive your order in good condition.
8.7These terms and conditions apply to any repaired or replacement Products and/or Construction Services we supply to you in the unlikely event that the original Products and/or Construction Services are faulty or do not otherwise conform with these terms and conditions.
8.8We will deliver the Products to and/or provide the Construction Services at the address stated on the Acceptance Confirmation.
8.9We will do all that we reasonably can to deliver the Products and/or perform the Construction Services by the delivery date set out in the Acceptance Confirmation or, if no delivery date is specified, then within 28 days of the date of the Acceptance Confirmation. If despite those endeavours we are unable for any reason to fulfil any delivery or performance by the specified date, we will not be deemed to be in breach of the Contract. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you..
8.10Subject to your cancellation rights referred to in clause 7 above, any delay in delivery and/or performance will not entitle you to cancel a Contract unless and until you have given seven days' notice to us in writing via email to our email address referred to in clause 7.2 requiring the delivery and/or performance to be made and we have not fulfilled the delivery and/or performance within that period.
8.11If you fail to take delivery of an order, then, except where this failure is caused by our failure to comply with these terms and condition or by an event beyond your control:
8.11.1we will store the Products until delivery takes place and may charge you a reasonable sum to cover expenses and insurance; and
8.11.2we shall have no liability to you for late delivery.
8.12If you have not taken delivery of the Products within two weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, pay you for any excess received over the contract price of the Products or charge you for any shortfall received below their contract price.
8.13If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
9.1The Products will be your responsibility from the time of delivery.
9.2Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products and/or the Construction Services, including without limit, delivery charges.
10.1The price of any Products and/or Construction Services will be as quoted on our site from time to time, except in cases of obvious error.
10.2These prices include VAT and delivery costs unless, in respect of Product prices, otherwise stated in the Product information section of the website, which will be added to the total amount due as set out in our Delivery Guide.
10.3Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.
10.4Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
10.5We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6Payment for all Products and/or Construction Services must be by credit or debit card. We accept payment with visa credit or debit, mastercard, maestro or switch. We will charge your credit or debit card when you place your order.
10.7All payments shall be made in the currency set out in the Product specific information. Prices quoted on the website in a currency other than sterling are based on the rate of exchange at the time of quoting and, unless otherwise stated, the price may be subject to revision up or down if any different rate of exchange is ruling at the date that payment is due.
11.1In the unlikely event that the Products and/or the Construction Services do not conform with these terms and conditions, please let us know as soon as possible after delivery and/or performance (as applicable). Where the issue is with the Product we will ask you to return the Product to us. We will (where the issue is with the Product once we have checked that the Product is faulty):
11.1.1provide you with a full or partial refund, depending on what is reasonable; or
11.1.2replace or replace the Products or re-perform the Services.
11.2These terms and conditions will apply to any replacement Products or Construction Services we supply to you.
11.3When you return a Product to us:
11.3.1because, as a consumer, you have cancelled the Contract between us within the seven-day cooling-off period (see clause 7.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
11.3.2for any other reason (for instance, because you have notified us in accordance with clause 29 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund (where a refund rather than a repair or replacement of the Product will be payable) via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
11.4We will usually refund any money to you in accordance with clauses 11.1 and 11.3 using the same method originally used by you to pay for your purchase.
12.1Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users for maintenance or any other reason.
12.2You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
13.1We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference.
13.3You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.4Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
13.5You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
14.1Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
14.2The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
17.1You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
17.2By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
17.3We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
18.1You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
18.2You must not establish a link from any website that is not owned by you.
18.3Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
18.4If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
20.1Subject to clause 20.2, if either you or we fail to comply with these terms and conditions, neither you nor we shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these terms and conditions.
20.2Neither you nor we shall be responsible for losses that result from the other's failure to comply with these terms and conditions including, but not limited to, losses that fall into the following categories:
20.2.1loss of income or revenue;
20.2.2loss of business;
20.2.3loss of anticipated savings; or
20.2.4loss of data.
However, this clause 20.2 shall not prevent claims for foreseeable loss of, or damage to, the other's physical property.
20.3This does not include or limit in any way our liability:
20.3.1For death or personal injury caused by our negligence;
20.3.2For any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Services and Services Act 1982;
20.3.3Under section 2(3) of the Consumer Protection Act 1987 or for losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability;
20.3.4For fraud or fraudulent misrepresentation; or
20.3.5For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
20.4 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
21.1If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
21.2Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Haygrove Limited at Redbank, Ledbury, Herefordshire HR8 2JL, England or via email address at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter by pre-paid first class post, or seven days after the date of posting by airmail. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
24.1The contract between you and us is binding on you and us and on our respective successors and assigns.
24.2You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
24.3We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract, but this will not affect your rights under these terms and conditions.
25.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
25.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
25.2.1Strikes, lock-outs or other industrial action.
25.2.2Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
25.2.3Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
25.2.4Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
25.2.5Impossibility of the use of public or private telecommunications networks.
25.2.6The acts, decrees, legislation, regulations or restrictions of any government.
25.3Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
26.1If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations under any Contract and these terms and conditions.
26.2A waiver by us of any default shall not constitute a waiver of any subsequent default.
26.3No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 23 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
28.1These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
28.2We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
28.3Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
29.1We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems.
29.2You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
30.1A person who is not party to a Contract shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
By requesting to see our polytunnels at a showsite, you acknowledge that you shall at all times have sole responsibility for the personal safety of you and those accompanying you on your inspection of the polytunnel. You further acknowledge that, to the greatest extent permitted by law, neither Haygrove Limited nor any company which is a subsidiary or holding company of Haygrove Limited or a subsidiary of such a holding company (as defined in section 1159 of the Companies Act 2006 as amended from time to time) shall be liable for any personal injury that occurs to you or any of your companions during such inspection.
The following terms and conditions are applicable to the Haygrove Garden Friends system.