Terms & Conditions
Welcome to East Riding Horticulture’s online store. Please read through our terms and conditions carefully before using the website. By using our website, you agree to be bound by the terms and conditions outlined below including other policies mentioned in this terms and conditions. Please also read our privacy policy regarding any personal information you may provide us.
Please understand that if you refuse to accept these term and conditions, you will not be able to order any Products from our Website.
These terms and conditions (and the other documents referred to here) govern the relationship between you, the customer, and East Riding Horticulture Ltd when you order any products (“Products”) listed on our websites at www.eastridinghorticulture.co.uk (“Website”).
Any reference to “you” or “your” means you as a customer of our Products and/or user of our Website. Any reference to “we”, “us”, “our” or East Riding Horticulture is to East Riding Horticulture Ltd.
We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
2 INFORMATION ABOUT US
2.1 www.eastridinghorticulture.co.uk is a website operated by East Riding Horticulture Ltd. A company registered in England and Wales, under company number 2332205 and with a registered address at Glebe Farm Cottage, High Lane, Sutton upon Derwent, YO41 4BY.
2.2 Contact telephone number: 01904 608157
3 YOUR STATUS
3.1 By placing an order through our website, you confirm that:
(a) You are legally capable of entering into binding contract;
(b) You have the necessary permission and authority to enter into this Contract;
(c) You are at least 18 years old;
(d) You are qualified in the use of, an safe disposal of pesticides in accordance with FEPA
3.2 Non-acceptance of an order may arise from a number of reasons including (but not limited to):-
(a) Not being able to take payment from you;
(b) A pricing or product description error on our behalf;
(c) You not meeting any eligibility criteria;
(d) Unavailability of stock;
(e) If we reasonably consider that you intend to re-sell the products on a commercial basis; or
(f) Attempting to purchase reportable substance products in quantities exceeding the threshold.
4 BASIS OF THE SALE
4.1 This Terms and Conditions and the Returns Policy shall be incorporated into each and every Contract made between us and you and shall apply to the Contract to the exclusion of any other terms or conditions put forward by you, whether oral or written (including any conditions you purport to apply) or which are implied by customs, practice or law.
4.2 All samples, statements, specifications, drawings, information, warranties, conditions and particulars of weights, dimensions and performance issued by us are approximate and for guidance purposes only and any reference to them is not intended to form the basis of any Contract.
4.3 The end user (You) must always consult the product label before using the product.
4.4 All content on our website was correct at time of publication.
4.5 Images are for illustration purposes only and there may be slight variations in the actual goods recieved - please check product descriptions for accruate product information.
4.6. Errors and Omissions Excepted
5 ORDERS
5.1 Once you have chosen the Products you wish to purchase from the Website you will select to have the Products delivered or to reserve and collect the Products from our head office. You are responsible for ensuring the accuracy of your order. Following an order being placed by you, we will send an e-mail acknowledging that such order has been received. This e-mail confirmation does not constitute an acceptance of your order and all orders are subject to acceptance by us in accordance with conditions 5.2 (in the case of Goods for delivery) and 5.3 (in the case of Goods for collection) below. We reserve the right to reject an order for any reason.
5.2 In the case of Products for delivery. We are not able to process or deliver orders on UK Bank Holidays, Saturdays and Sundays and days designated for stock take. Acceptance of your order and completion of the Contract between you and us will take place on despatch to you of the Products unless we have notified you that we do not accept your order or you have cancelled it. We cannot accept an order until payment is received in full for all products and any related delivery charges.
5.3 In the case of orders for collection by you, we will contact you, on the contact telephone number you provided during the order process, when the Products are available for collection. The Products will be reserved for 5 (five) working days from the date on which all Goods subject to the Contract become available for collection and if you have not collected the Goods by the expiry of this period we shall treat such order as cancelled. Collection of the Goods and receipt of payment in full will be deemed to be the point at which a Contract is entered into and becomes legally binding in the case of orders for collection.
5.4 All orders are subject to stock availability. If we are unable to supply any products that you have ordered, we will inform you as soon as possible. In the event that an out-of stock product is part of any order and we cannot contact you, we will send what Products we have in stock, refunding the purchase price of any unavailable Products where payment has already been made.
5.5 No variation or waiver of or addition to these conditions, whether written or oral, shall have effect unless and until authorised in writing by one of our managers.
5.6 Certain Products are the subject of a legally prescribed age restriction and must be collected from our premises. You are therefore required to confirm that you are over the age of 18. You acknowledge and accept that we may carry out further checks to verify your age and proof of age may need to be provided to us upon collection of the Products. We will notify you if your order contains any such Products.
6 DELIVERY
6. 4 Products reserved for collection
6.4.1 The Company is prepared to set aside Products for collection by customers, but if products are set aside, the following terms and conditions apply:
(a) Customers who have paid for Products in advance – if Products have been paid for in advance and set aside for collection, these Products will be retained for a period of 14 days from the date of payment. If the Products have not been collected by this date, the Company reserves the right to issue a full refund and return the Products to Company stock
7 LOSS OR DAMAGE TO GOODS
7.1 We request that you examine the Products on delivery or on collection (as the case may be) as soon as reasonably possible to do so.
7.2 In some extreme cases, orders may be damaged during transportation. For pallet deliveries that arrive damaged, these MUST be signed for as damaged on the drivers device upon reciept of goods. The recipient must not sign for the goods without declaring any damgages. Failure to do so may inhibit the claim for damage of goods. We also require a photograph of the goods as they were recieved.
7.3 Where you wish to replace or return Products because they are damaged or defective, we request that you do so in accordance with our Returns Policy.
8 RISK AND PROPERTY
8.1 Risk of damage to or loss of the Products shall pass to you:
(a) Where Products are to be collected from our premises, from the time you collect the Products from us; or
(b) Where Products are to be delivered to you, at the time we deliver them to your premises.
8.2 Notwithstanding delivery and the passing of responsibility for the Products to you, the transfer of the ownership of the Products shall not take place until we receive payment in full and cleared funds for all sums due and owing under the Contract. Until such time that we are in receipt of all sums due and owing, we shall remain the owner of the Products.
8.3 Until such time as the Products are paid for in full and cleared funds, you shall be responsible for taking reasonable care of the Products. Where possible, you are required to store the Products separately from all other goods in your possession in such a way that the Products can be readily identified as still being ours. Where you fail to pay for the Products in accordance with these Conditions, we shall be entitled to seek a court order to enter upon your premises or any other third party premises where the Products are stored for the purpose of repossessing the Products.
9 PRICE
9.1 The product prices are displayed on the website, except in cases of obvious error.
9.2 All prices are exclusive of shipping rates. Shipping rates are applied per order. For details on shipping rates see our Delivery page.
9.3 We reserve the right to modify prices on Eastridinghorticulture.co.uk at any time without notice.
9.4 Eastridinghorticulture.co.uk contains a large number of products, and it is always possible, despite our best efforts, that some of the products listed on Eastridinghorticulture.co.uk will be incorrectly priced. We will normally verify prices as part of our dispatch procedure so that, where the correct price of the items is less than our stated price, we will charge the lower amount when dispatching the items to you. If the correct price of the items is higher than the price stated on your order confirmation, we will normally, at our discretion, either contact you for instructions before dispatching the products, or reject the order and notify you of such rejection.
9.5 We are under no obligation to provide the products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if the pricing error is obvious and unmistakable and could have been reasonably recognised by you as a mispricing.
10 PRODUCTS
10.1 We make every effort to display as accurately as possible the colours, features, specifications, and details of the product available on the website. However, we do not guarantee that the colours, features, specifications, and details of the product will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual details of the products.
10.2 The packaging of the products may also vary from that shown in images on our website.
10.3 All products are subject to availability, and we cannot guarantee that products will be in stock. We reserve the right to discontinue any products at any time for any reason.
10.4 If we are unable to supply you with a product, for example because we cannot meet your requested delivery date or because of an error in the price on our website, we will inform you of this by email and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
11 PAYMENTS
11.1 We accept Visa, and MasterCard credit and debit cards as well as Apple Pay, and Google Pay.
12 CONTENT
12.1 We cannot guarantee that any general information that we may make available on our website is accurate or up to date. You rely on it at your own risk.
13 PRIVACY & COOKIES POLICY
13.1 We take care to handle your personal data in accordance with applicable law. Please see our Privacy and Cookies policy for more information.
14 EVENT OUTSIDE OF OUR CONTROL
14.1 We 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 ("Event Outside Our Control").
14.2 An Event Outside Our Control includes any act, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility / breakdown of the use of railways, shipping, aircraft, motor transport or other means of public or private transport including traffic; failure by our suppliers to supply; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control 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 Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
15 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1 We have the right to revise and amend these terms and conditions from time to time including (without limitation) 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 system's capabilities.
15.2 If we revise and amend these terms and conditions so as to alter the information required to be provided by applicable laws and regulations, such revisions and amendments will be effective unless you expressly notify us that you do not agree to any such revisions or amendments.
15.3 You 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 Dispatch 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).