Terms & Conditions

By purchasing plants from Hedges Direct Ltd you are entering into a legally binding agreement with us on the terms shown below. We advise you to read and understand these terms because they affect your rights and liabilities.

1. Definitions used in these Terms

us or we
means Hedges Direct Ltd. Our company number is 3650706 and our registered office is at Hedges Direct, Five Acres Farm, Dawbers Lane, Euxton, Lancashire, PR7 6EE. Our registered VAT number is 256 8188 65

you
means the person who accepts the Contract with Hedges Direct Ltd

Contract
means the contract for the sale and purchase of the Products, which incorporates these Terms;

Delivery Area
means addresses within the United Kingdom, but excluding the Isle of Man, the Isle of Wight, the Scottish Islands, the Channel Islands, parts of Scotland and Northern Ireland

Products
means the plant or plants that Hedges Direct Ltd will supply in accordance with these Terms

Order
means your order for the purchase of our Products

Terms
means these terms and conditions

2. Basis of Sale

2.1 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.

2.2 We can only accept Orders from within our Delivery Area. Please check you are within our Delivery Area.

2.3 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.

2.4 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.

2.5 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, which incorporates these terms.

2.6 If we are unable to accept your Order, we will inform you of this and will not charge you for the Products. Reasons why we may not accept your Order include the plants being unavailable (although we will try to source them for you), your address being outside of our Delivery Area or your payment card is not authorised for the transaction.

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 possible we will let you know about any changes to the price, delivery times or anything else due to your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.

4. Price and Payment

4.1 We will always endeavour to supply the Products at the agreed price set out on the Order page, however, 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.

4.2 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 free delivery criteria please see https://www.hedgesdirect.co.uk/acatalog/Delivery.html

4.3 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 we cannot gain full payment for the Products when the Order is placed, we will not accept the Order. We accept no liability if delivery is delayed by the supply of incorrect payment details.

4.4 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.

4.5 Despite our best efforts, some of our Products may be incorrectly priced on the website. We will normally check prices before accepting your Order so that, where the Product’s correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product’s correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your 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 any sums you have paid and require the return of any Products provided to you.

5. Delivery

5.1 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.

5.2 During the Order process we will let you know when we will deliver if possible. If no date was provided, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your Order. The only exception to this is for products online which clearly state they are pre-orders for delivery from a specific future date.

5.3 If delivery is delayed for reasons beyond our control, we will contact you as soon as possible to agree a new delivery date and try to minimise the effect of the delay. We are not liable for such delays; however if the delay is substantial you may cancel the Contract and receive a refund on Products you have paid for but not received.

5.4 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 rearrange delivery. If you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract and clause 10.1 will apply.

5.5 You may treat the Contract as at an end straight away if we have refused to deliver the Products, delivery by a specified date was essential (taking into account all the relevant circumstances) or you told us before we accepted your Order that delivery within the delivery date range was essential. Alternatively, you can give us a new date for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new date.

5.6 If you do choose to end the Contract for late delivery your Order will be cancelled for any undelivered Products and you may reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. We will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must arrange to allow us to collect them from you.

6. Risk and 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 and Returns

7.1 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 at [email protected] 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 (subject to clauses 2.3 and 2.4). The Products remain your responsibility until we receive them.

7.2 Nothing in these Terms will affect your legal rights.

8. Your Rights to Terminate or Cancel

8.1 You may terminate the Contract where:

9. How to End the Contract With Us

9.1 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 in clause 8.2, you may use the Model Cancellation Form displayed at the end of these Terms.

9.2 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.

9.3 We will pay the return costs if the return is due to a) the events in clause 8.1, b) due to a delay in delivery due to events outside our control or c) because you have a legal right to do so as a result of something we have done wrong.

9.4 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of collection.

9.5 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

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

11. Our Responsibility for Loss or Damage Suffered By You

11.1 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, for example, if you discussed it with us during the sales process.

11.2 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.

11.3 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. Copyright

12.1 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.

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

13. Data and Personal Information

13.1 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.

13.2 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.

14. General

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)