This agreement applies as between you, the User of this Website and Grow and Harvest UK Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Account”||means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;|
|“Courier”||means any third party responsible for transporting purchased Goods from our Premises to customers;|
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;|
|“Goods”||means any products that Grow and Harvest UK Ltd advertises and / or makes available for sale through this Website;|
|“Grow and Harvest UK Ltd”||means Grow and Harvest UK Ltd ,Unit 17 Arrow Commercial Park,Arrowbrook Road, Upton, Wirral, CH49 1AB|
|“Service”||means collectively any online facilities, tools, services or information that Grow and Harvest UKLtd makes available through the Website either now or in the future;|
|“Payment Information”||means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;|
|“Purchase Information”||means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;|
|“Premises”||Means our place of business Grow and Harvest UK Ltd, Unit 17 Arrow Commercial Park, Arrowbrook Road Upton, Wirral, CH45 5DY|
|“System”||means any online communications infrastructure that Grow and Harvest UK Ltd. makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Website and is not employed by Grow and Harvest UKLtd and acting in the course of their employment; and|
|“Website”||means the website that you are currently using (www.growandharvest.co.uk) and any sub-domains of this site (e.g. subdomain.exampl.growandharvest.co.uk) unless expressly excluded by their own terms and conditions.|
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business..
4. International Customers
If Goods are being ordered from outside Grow and Harvest UK Ltds country of residence, import duties and taxes may be incurred once your Goods reach their destination. Grow and Harvest UK Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Grow and Harvest UK Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Grow and Harvest UK Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Grow and Harvest UK Ltd.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Grow and Harvest UK Ltd or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
10. Use of Communications Facilities
10.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the Englih language(s) as we may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and representatives of Grow and Harvest UK Ltd or our affiliates; and
Grow and Harvest UK Ltd 10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Grow and Harvest UK Ltd reserves the right to monitor any and all communications made to us or using our System.
10.3 You acknowledge that Grow and Harvest Ltd may retain copies of any and all communications made to us or using our System.
10.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
11.1 In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your username and password. Grow and Harvest UK Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Grow and Harvest UK Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Grow and Harvest UK Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Termination and Cancellation
12.1 Either Grow and Harvest UK Ltd or you may terminate your Account. If Grow and Harvest UK Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Grow and Harvest UK Ltd terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 Grow and Harvest UK Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13. Goods, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Grow and Harvest UK Ltd correspond to the actual Goods, Grow and Harvest UK Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
13.3 Grow and Harvest UK Ltd does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
13.4 All pricing information on the Website is correct at the time of going online. Grow and Harvest UK Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated daily.
13.5 All prices on the Website do include VAT. Grow and Harvest UK Ltd’s VAT number is 987967227