Conditions of Sale
Please read these conditions of sale carefully.
You will be asked to expressly agree to these conditions of sale before you place an order for products from our website.
In these conditions of sale, “we” and “us” and “our” and “Hosplant.co.uk" and will be construed accordingly. And “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these conditions of sale; (iv) you will be transferred to the PayPal website, and PayPal will handle your payment; (v) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these conditions of sale specifically in relation to your order. We may update the version of these conditions of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these conditions of sale for your records.
The only language in which we provide these conditions of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order on screen. You may correct those input errors before placing your order by revising the product and/or quantity shown.
(4) The products
All product listed on our website are available for purchase.
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated [when you pay for the product].
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include value added tax.
Payment for all products must be made by PayPal.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP 15 (including VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these conditions of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
[(d) you are resident in the United Kingdom and
[(e) you are at least 18 years of age.
(7) Delivery policy
We or our appointed delivery agent will arrange for the products to be delivered to the address for delivery indicated in your order. Some products may only be available for collection at a branch. This will be detailed on the individual product's page.
We or our appointed delivery agent will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
We or our appointed delivery agent will only deliver products within the United Kingdom
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) “Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation.
You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(10) Statutory rights
Nothing in these conditions of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(12) Limitations and exclusions of liability
Nothing in the conditions of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the conditions of sale.4
The limitations and exclusions of liability set out in this Section and elsewhere in the conditions of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the conditions of sale or in relation to the subject matter of the conditions of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(13) General terms
Contracts under these conditions of sale may only be varied by an instrument in writing signed by both you and us. We may revise these conditions of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these conditions of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these conditions of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these conditions of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these conditions of sale. Any attempt by you to do so will be
null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these conditions of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these conditions of sale.
Each contract under these conditions of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section : these conditions of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these conditions of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These conditions of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these conditions of sale.
(14) About us
Our full name is Hosplant Sales Limited
Our registered office is at;
St Ives Farm Buildings
St Ives Road
Our company registration number is 05317271
Our VAT number is GB 996 5964 33
Our email address is firstname.lastname@example.org
WEBSITE TERMS & CONDITIONS
The website hosplant.co.uk (the “Website”) is owned and operated by Hosplant Sales Limited, “we” and “us” and “our” and “Hosplant" mean Hosplant Sales Limited (Company Number 05317271) (VAT Number
GB 996 5964 33) whose registered office is at:
St Ives Farm Buildings
St Ives Road
These are the Website terms and conditions (the “Website Conditions”), which apply to the use of the Website by you, the end user. By using the Website you agree to be bound by these Website Conditions. If you do not agree to be bound by these Website Conditions, you may not use or access the Website and we will have the right to restrict or prevent your access to the Website. Please note that any purchases you make on this Website will be governed by our separate TERMS AND CONDITIONS OF SALE If there is anything that you do not understand please feel free to email any enquiry to us here: email@example.com
1. Your obligations
i. You will not:
a. use the Website (or any part of it) for any illegal purpose and agree to use it in
accordance with all relevant laws;
b. upload or transmit through the Website (i) any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
c. use the Website in a manner which (i) may cause the Website to be interrupted,
damaged, rendered less efficient or such that the effectiveness or
functionality of the Website is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); and
d. create or publish a hypertext link to any part of the Website without our express written consent except that you may create a hypertext to the welcome page of the Website as long as the link does not portray us or our affiliates, or their products or services in a false, misleading, derogatory, or offensive matter. You may not use any of our logos or proprietary marks as part of the link without our express written consent. We may terminate your permission to maintain such links at any time;
e. frame or use framing techniques to enclose any part of the Website or any content accessible on it without our express written consent. You will not use any meta tags or any other hidden text using our (or our affiliates) names, logos, brands or marks without our express written consent. Any unauthorised use terminates the permission or license granted by us to use this Website in addition to our other rights; or
f. attempt any unauthorised access to any part or component of the Website.
ii. You agree that in the event that you have any right, claim or action against any third party arising out of that third party's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us. iii. You warrant that by accessing and using the Website you will not be in breach of any laws or regulations that apply to you.
2. Our rights
i. We may:
a. modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the
b. change these Website Conditions from time to time and your continued
use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. You should check back here regularly as you will be bound by these Website Conditions every time you visit the Website. If you do not agree to any change to the Website Conditions then you must immediately stop using the Website; and/or
c. monitor any activity and content associated with the Website. We may investigate any reported violation of these Website Conditions or complaints relating to the Website and take any action that we believe is appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website). ii. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website for any reason.
3. Privacy and personal information
4. Disclaimer of warranties
i. Subject to Website Conditions 5.1 and 5.2 below, the Website is provided, on an “as is” and “as and when available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website, its content or any services offered on the Website. ii. In particular, we make no warranties that the Website, its content or any services offered via the Website will meet your requirements or will be uninterrupted, timely, secure or error–free, that defects will be corrected, or that the Website or the server which makes it available are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website. If a fault occurs in the service you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
i. Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties or representations, whether expressed or implied in relation to its accuracy.
ii. Nothing in these Website Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any liability for fraud or for any other liability that cannot be excluded or limited by law. Nor do these Website Conditions (or the warranty and liability exclusions in them) apply to any purchases made via this Website. Instead, these purchases are governed by our separate TERMS AND CONDITION OF SALE. iii. You agree that you are free to choose whether to use the Website or any services offered on the Website and do so at your sole option, discretion and risk. iv. We will not be responsible to you or any third party for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss in connection with the Website. v. Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non–performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
6. Intellectual property
i. Save as set out in Website Condition 6.4 below, you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us. ii. You acknowledge and agree that the material and content contained within the Website is made available for your personal use only (which may include use by contractors to obtain information on individual items for sale via the website to determine whether the contractor wishes to purchase such items from us) and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. This includes, but is not limited to, the text, graphics, animations, photographs, pictures, sounds, data, images, audio and video clips connected to the Website.iii. In particular, you may not download, edit, reproduce or use any material and content contained within the Website for the purpose of advertising, promoting, endorsing or implying any connection with you or any third party. Nor may you systematically extract and/or re–utilise parts of the contents of the website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering/extraction tools to extract (whether once or many times) for re-utilisation, any substantial parts of this website, without our express written consent. You also may not create and/or publish your own database that features substantial parts of this Website (including without limitation prices and product listings) without our express written consent. iv. Any information you submit to the Website, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Website Conditions. You give us an absolute right to reproduce (whether in whole or in part, and whether cropped, adopted, altered or otherwise manipulated) any photos or other images that you submit to the Website. v. By submitting material to the Website, you warrant and represent that you own such materials (including any copyright and other intellectual property rights therein) or that you have permission from the owner and that you have obtained the informed consent of any subjects of the images and that any subjects featured in any such images are at least 18 years of age at the time such material was created. You hereby waive any moral rights you may have in relation to such content.
7. Links to other websites
We may, from time to time, provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such other sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
8. Waivers and remedies
i. No delay or omission in exercising any right, power or remedy provided by these Website Conditions or by law shall operate to impair or be construed as a waiver of it or of any other right, power or remedy.ii. No single or partial exercise or non–exercise of any of these rights, powers or remedies shall preclude any other or further exercise of them or of any other right, power or remedy. iii. The rights, powers and remedies provided by these Website Conditions are cumulative and subject as otherwise provided in these Website Conditions are not exclusive of any rights, powers and remedies provided by law.
9. Law and Jurisdiction
i. These Website Conditions shall be governed by and construed in accordance with English law.
ii. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England in relation to any claim or matter arising under or in connection with these Website Conditions.
i. If any part of these Website Conditions is found to be invalid by any court or other regulatory or competent body, the invalidity will not affect the rest of the Website Conditions, which shall remain in force.
ii. Any notices or communications that you send to us should be sent to Customer Services at email@example.com in writing marked for the attentions of Web Customer Services at our registered office detailed above. Any notices or communications that we send to you will be sent to the email address you registered with us. iii. All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of these Website Conditions, including without limitation, all of your representations, warranties and indemnification obligations. iv. No person who is not a party to this agreement shall have any right to enforce this agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.