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Terms & Conditions

Hydro Harvest Sales – Terms & Conditions

Definitions

For the purposes of this document the following words shall have the following meanings:

1.1 “Seller” refers to Hydro Harvest Limited

1.2 “Terms and Conditions” refers to Terms and Conditions of Sale described in this document and any additional terms and conditions agreed by the Seller in writing.

1.3 “Buyer” refers to the individual who buys Goods from the Seller.

1.4 “Goods” refers to the articles that the Buyer agrees to buy from the Seller.

1.5 “Consumer” shall have the meaning ascribed in The Consumer Rights Act 2015.

1.6 “List Price” refers to the list of prices of the Goods maintained by the Seller as amended from time to time.

General

2.1)      The following Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer. They prevail over any other documentation or communication from the Buyer. By placing an order to the Seller for Goods, the Buyer agrees to be bound by these Terms and Conditions.

2.2)      All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. Reasons that the Seller may refuse to supply Goods to the Buyer may include but are not limited to the following:

  1. Goods ordered by the Buyer being out of stock
  2. Goods ordered by the Buyer being discontinued
  3. Goods ordered by the Buyer being otherwise unavailable
  4. The inability by the Seller to obtain an authorisation for the Buyer’s payment
  5. Any other problem with the Buyer’s payment such as suspected fraud
  6. Goods ordered by the Buyer being incorrectly priced
  7. Goods ordered by the Buyer being incorrectly described

In the event that the Seller refuses to supply Goods to the Buyer, the Seller will refund to the Buyer any monies paid for those Goods and any delivery charge paid for the delivery of those Goods. The Seller will not be liable for any losses, costs, damage or expenses incurred by the Buyer if the Seller refuses to supply the Goods.

2.3)      Acceptance of delivery of the Goods shall be deemed to be conclusive proof of the Buyer’s acceptance of these Terms and Conditions.

2.4)      Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.

2.5)      Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer

2.6)      The Buyer must be at least 18 years of age.

2.7)      The Buyer must provide the Seller with accurate information where requested with respect to the physical address for delivery, a current email address and telephone number for correspondence and also a valid form of payment. The Seller will not be liable for any losses, costs, damages or expenses arising from incorrect or inaccurate information supplied to the Seller by the Buyer.

2.8)      When making payment, the Buyer must use a payment method that the Buyer is entitled to use. Any payment that the Seller suspects may involve a fraudulent payment may necessitate further investigation.

These further investigations are to confirm that the The Buyer has the right to use the payment method used. In this situation, the Goods will not be dispatched unless the Buyer can satisfy us that they have the right to use the method of payment used. This may require the Buyer to answer pertinent questions satisfactorily and/or providing adequate proof of identification, including photo ID. In any event, the dispatch of the Goods to the Buyer will be delayed until the Seller is satisfied that the Buyer has the right to use the method of payment used.

2.9)      Delivery addresses are subject to the means of payment chosen by the Buyer.

For online orders placed using a 3-D Secure card (Verified by Visa or MasterCard Secure Code) the Seller will ship to any U.K. mainland delivery address of the Buyer’s choosing.

For orders placed using Non-3-D Secure cards the Seller will only ship to the Buyer’s Billing Address.

For orders placed by telephone the Seller will only ship to the Buyer’s Billing Address.

For orders placed using cheques, postal orders, cash deposits, or bank transfers the Seller will ship to any U.K. mainland delivery address of the Buyer’s choosing.

2.10)    In any event the Seller will ship to U.K. mainland delivery addresses only.

Price And Payment

3.1)      As per 2.8, The Buyer agrees to pay the Seller by a method to which the Buyer is entitled. See 2.8 for details in full.

3.2)      The price of the Goods shall be that stipulated in the Seller’s current List Price/on the Seller’s website/as contained in the Seller’s Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges.

The Seller reserves the right to amend any prices for any reason prior to dispatch. In the event that the Seller amends the price after an order has been placed, the Seller will contact the Buyer who will then have the choice of either proceeding with the order or to cancel it. In this event, the Seller will not be liable for any losses, costs, damages or expenses incurred by the Buyer.

3.3)      Payment of the total purchase price (including VAT and any delivery charges) must be made in full and the funds must be cleared before dispatch of the Goods.

3.4)      All purchases are made at the price displayed on website in GBP (British Pounds). Any subsequent refunds (for any reason) by the Seller to the Buyer in respect of goods or services, will be calculated in GBP (British Pounds).

3.5)      Special offers and promotions are subject to availability and only apply during the quoted time period. Certain brands are permanently excluded from special offers and promotions, these exclusions are entirely at the discretion of the Seller.

3.6)      In the event that the Buyer wishes to cancel an order they should contact the Seller as soon as possible by telephone on +(0)1244 539 658 or email via sales@hydro-harvest.co.uk in order to prevent dispatch. The Seller bears no responsibility for the shipping costs of Goods dispatched in good faith prior to cancellation. In the event that the Buyer wishes two cancel an order that has been dispatched the Buyer is liable for all delivery and return shipping costs.

Delivery 

4.1)      Delivery of the Goods by the Seller to the Buyer will only be arranged when payment has been made and the Seller is satisfied that the Buyer has the right to use the method of payment used.

See 2.8 for details of the Seller’s terms in respect of ascertaining whether a payment method is legitimate, the investigations the Seller may undertake before releasing goods, and consequent delays to dispatch.

4.2)      Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller’s premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.

4.3)      All Goods, wherever possible, will be delivered within 28 days of the order being placed. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

4.4)      The Seller reserves the right to choose the delivery method. Where bulky items are concerned the Seller may choose to send the order by pallet delivery. If the Buyer makes an order for a bulky item or items, the Buyer should be aware that the order may arrive by pallet. In this circumstance, the Seller will make reasonable attempts to contact the Buyer and to keep them informed of the situation and the progress of the order.

4.4)      If any packaging or the Goods themselves are visibly damaged or otherwise compromised in any way, the Receiver (the person signing for the delivery of the Goods) must sign for the delivery as normal with the additional note: “received damaged”.

If the packaging or any other part of the consignment is visibly damaged and the Receiver has failed to add the note “received damaged” and any of the Goods are later identified to be damaged or missing then the Seller shall not be liable for any losses, costs, damages or expenses of any third party arising directly or indirectly from the damage or loss of the Goods during transit to the Buyer.

4.5)      The Seller shall go to all reasonable lengths to meet any date stated for delivery. However, the Seller is not legally bound by delivery times / dates and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

4.6)      If, for whatever reason, the Seller is unable to deliver the Goods within 28 days, the Seller will contact the Buyer to advise the Buyer of the situation. In this instance the Buyer shall be entitled to cancel the order and agree a later delivery date or receive a full refund.

4.7)      It is entirely the Buyer’s responsibility to make arrangements for the Goods to be received on the delivery date. Should the Buyer, or Receiver, not be able to receive the delivery of the Goods then the courier may make two further attempts.

If all subsequent attempts to deliver the Goods should fail, the Goods will be returned the Seller. In this instance the Seller will require a further delivery charge to be paid before the Goods can be re-delivered. In this instance, the Buyer has the alternative option of cancelling their order and receiving a full refund of any monies paid less the cost of any failed deliveries.

4.8)      Upon delivery of the Goods all title and risk in the Goods shall pass to the Buyer.

4.9)      In the event that the Buyer changes the delivery details after confirming their order, or does not accept the goods in person the Seller shall in no way be held responsible for the safety of ordered goods against theft or damage. This includes, but is not limited to, any / all arrangements reached between the Buyer and couriers such as the use of safe places or neighbours.

4.10)    In the event that a courier offers the Buyer the option of delivery without a Receiver being present in person the Buyer accepts full responsibility for any loss or damage to the package after it has been delivered to the delivery address.

4.11)    Delivery costs incurred by the Buyer may increase for reasons including (but not limited to) delivery address, and / or size, and or weight of the Goods. Such increases may occur after the Buyer has placed their order. In such events the Seller shall contact the Buyer and advise the Buyer of increased costs. The Buyer then has the option of revising their order or receiving a full refund.

Product Listings

5.1)      All information included in the Seller’s web listings is intended only to give an approximate description of the Goods. The Seller will endeavour as far as reasonably possible to ensure that descriptions, images, contents, technical specifications, and prices featured in product listings are correct and up-to-date.

In the event that the Buyer receives Goods that differ from those described in the Seller’s web listings the Seller will accept the return of those Goods provided that certain conditions are met by the Buyer. These conditions include (but are not limited to) the Goods being:

  • In ‘as-new’ condition with all packaging and seals intact
  • Returned within 30 days of the claim being raised
  • Returned via a tracked and insured service

Provided these and any other applicable criteria are met the Seller will refund the monies paid for the Goods including any delivery charges. The Seller will not be liable for any losses, costs, damages or expenses arising from the Goods differing to the pictures, descriptions or specifications described on this website. This applies only to Goods that differ in a material way from those listed on the website. For Goods that differ in appearance only refer to 5.2.

5.2)      In some instances packaging or labelling of Goods may change whilst the actual specifications of those Goods remains the same. In the event that the Buyer wishes to return the Goods on the basis of such cosmetic changes the Seller bears no responsibility for any costs incurred by the Buyer in respect of returns. The Buyer may request a non-faulty return which will only be accepted provided the returned Goods are returned in:

  • In ‘as-new’ condition with all packaging and seals intact
  • Returned within 30 days of the claim being raised
  • Returned via a tracked and insured service

Such returns must also meet all applicable criteria set out in Cancellation And Returns. In the event of a non-faulty return the Seller will not refund delivery charges nor cover any costs of return shipping, neither will the Seller be liable for any losses, costs, damages or expenses arising from changes to packaging or labelling.

Returns And Cancellation

6.1)      Upon receipt of the Goods it is the Buyer’s responsibility to inspect the Goods immediately and notify the Seller within 5 days of delivery if the Goods are damaged, incorrect, or do not comply with any part or parts of the Sales Terms & Conditions.

6.2)      In the event that the Goods are found to be damaged, incorrect, or defective the Buyer may request replacement Goods or a full refund. In either event the Buyer must first contact the Seller and agree upon the return of the Goods. The Seller may request photographic evidence of the condition of the Goods at the time of delivery or any point thereafter.

Provided the Seller assents to the return of the Goods, the Goods should be returned by one of two methods.

Method 1: Items defined as heavy or bulky in their Product Listing or at Checkout

The Seller will discuss collection options with the Buyer prior to return at the Seller’s expense. In the event that Goods require collection it is the Buyer’s responsibility to ensure that the Goods are properly packaged for transit. In the event that the Goods require collection it is the Buyer’s responsibility to ensure that they or a person nominate by the Buyer is present to supervise collection.

Method 2: All other Goods

Goods that are deemed by the Buyer to be damaged, incorrect, or defective shall be returned by the Buyer to the Seller at the Buyer’s initial expense. Provided that the Seller confirms the damage, incorrect dispatch, or defect, the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges.

6.3)      All Goods returned must be accompanied by a completed Returns Form that clearly shows all information requested on the Returns Form.

6.4)      The Seller bears no responsibility whatsoever for returned Goods that are found to have been damaged or rendered defective due to the actions of the Buyer. In this event the Seller will make reasonable efforts to advise the Buyer of their options in repairing the Goods and arrangements for shipping the Goods back to the Buyer at the Buyer’s own expense.

6.5)      The Buyer has the right, in addition to other rights, to cancel their order (whether before or after the receipt of the Goods). In this event the Buyer must contact the Seller in writing or by email within 5 working days of receipt of the Goods. Provided that the Seller is agreeable and the Buyers claim falls within the Sales Terms & Conditions, a Returns Form will then be issued to the Buyer.

The Buyer may then return the Goods, provided that the returned Goods are:

  • In ‘as-new’ condition with all packaging and seals intact
  • Returned within 30 days of the claim being raised
  • Returned via a tracked and insured service

Goods that have been opened or used will be deemed to have been accepted by the customer and no refund or exchange can be given.

Where the Buyer wishes to return Goods that are not damaged or defective the cost of return shipping, including postage and packing costs, will be at the Buyer’s expense. All returned Goods must be adequately packaged and insured for return shipping via a tracked service.

In the event that the Buyer cancels an order, only once the Goods are received by the Seller and the Goods are deemed by the Seller to be in resalable condition will a refund be issued. In this event the Buyer shall receive a refund of all monies paid for the Goods excluding delivery charges, if any.

6.6)      Items contained within a kit are not individually refundable or replaceable. Kits are complete items regardless of whether constituent parts are stocked separately by the Seller. The Seller may decide to replace an individual item within a kit if it is damaged or defective but this is entirely at the discretion of the Seller. Unless otherwise agreed in advance, kits must be returned in their entirety.

6.7)      Goods deemed by the Buyer to be damaged, incorrect, or defective may be returned to the Seller within 30 days of receipt in accordance with the Sales Terms & Conditions.

Beyond 30 days of receipt of the Goods, any Goods deemed by the Buyer to be damaged, incorrect, or defective shall be referred by the Buyer to the Good’s supplier/manufacturer. The Seller bears no responsibility whatsoever for Goods deemed by the Buyer to be damaged, incorrect, or defective beyond 30 days of receipt.

The Seller bears no responsibility whatsoever for the delivery or returns cost of Goods deemed by the Buyer to be damaged, incorrect, or defective beyond 28 days of receipt.

6.8)      Notwithstanding the Buyer’s statutory right certain Goods are exempt from the normal Returns And Cancellation classes in the Sales Terms & Conditions. Should the Buyer encounter issues with any of the following they shall contact the Seller and shall follow the Seller’s instructions as regards Returns And Cancellation:

  • Tents
  • Grow media
  • Plant Nutrients
  • Lighting

6.9)      In the event that store credit is given in respect of a return or cancellation that store credit is valid for one year only.

Guarantees 

7.1)      In addition to the Buyer’s statutory rights, the Seller guarantees most Goods against faulty workmanship and materials for a period of 30 days from the date of delivery.

7.2)      It is the Buyer’s responsibility to retain all receipts and warranty information supplied with the Goods. Goods deemed by the Buyer to be damaged, incorrect, or defective must be returned in their original and undamaged packaging, complete with all parts, including instructions and any spare parts which are included as part of the Goods.

Limitation Of Liability

8.1)      The Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any misuse of the Goods, negligence, breach of contract or otherwise in excess of the price of the Goods.

8.2)      The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any misuse of the Goods, negligence, breach of contract, misrepresentation or otherwise.

Force Majeure

9.1)      Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

Severance

10.1)    If any term or provision of these Sales Terms & Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

Governing Law And Jurisdiction

11.1)    These Sales Terms & Conditions shall be governed by and construed in accordance with the law of Great Britain and the parties hereby submit to the exclusive jurisdiction of the British courts.

Website Content

12.1)    The content on this website including the pictures and descriptions are the intellectual property of the Hydro Harvest Ltd. The Hydro Harvest Ltd retains the copyright on all material. All rights to the material are reserved. Copying, reselling or the commercial use of any content in this website is strictly forbidden without the express written permission of the Hydro Harvest Ltd.

Cookies

13.1)    This Website uses cookies stored on the user’s website-access device to track the products in the user’s cart and the user’s movements within the website. By using this website, the user consents and agrees to allow our cookies to be used on the user’s website-access device.

Need any help? Call +44 (0)1244 539 658
or email sales@hydro-harvest.co.uk