Terms & Conditions

1. Terms and Conditions of Sale

 

2. Terms and Conditions of Website

 

1. Terms and Conditions of Sale 

TERMS AND CONDITIONS OF SALE OF EARLYGROW

1    DEFINITIONS

1.1    “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;

1.2    “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3    “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

1.4    “Goods” means the articles that the Buyer agrees to buy from the Supplier;

1.5    “Services” means the services that the Buyer agrees to buy from the Supplier;

1.6    “Supplier” means Malton Plastics (UK) Ltd./EarlyGrow, 29 Enterprise Way, Thornton Road Industrial Estate, Pickering, North Yorkshire, YO18 7NA.

2    CONDITIONS

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

2.2    These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

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

2.4    Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.5    Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

2.6    Any complaints should be addressed to the Supplier’s address stated in clause 1.6.

3    ORDERING

3.1    All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier.  The Supplier may choose not to accept an order for any reason.

3.2    Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.

4    PRICE AND PAYMENT

4.1    The price of the Goods and/or Services shall be that stipulated on the Website.  Where applicable, the price excludes delivery charges.

4.2    The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. 

4.3    After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer. 

4.4    Payment of the price plus VAT and delivery charges, if applicable, must be made during the checkout process.

4.5    Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.

5    PERFORMANCE OF SERVICES

5.1    The Supplier shall begin to perform the Services upon full payment.

5.2    The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

6    RIGHTS OF SUPPLIER

6.1    The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.  The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

6.2    The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.

6.3    The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.

7    AGE OF CONSENT

7.1    Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.

7.2    If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.

8    DELIVERY 

8.1    Goods supplied within the UK will normally be delivered within 5 working days of acceptance of order.    

8.2    Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. 

8.3    The Supplier shall use its reasonable endeavours to meet any date agreed for delivery.  In any event time of delivery shall not be of the essence and the Supplier 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.

8.4    Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

8.5    Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

8.6    Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

9    CANCELLATION AND RETURN

 

After 14 days we will no longer accept returned items. We do not refund shipping charges unless the wrong item has been received or if it is faulty. Items which are custom made to your requirements are non-returnable

The Supplier can accept no responsibility for returns until they reach us, and strongly recommend that customer send items via a secure delivery service and obtain proof of postage. The Supplier will not be held liable for delays experienced as a result of the return postal company, and the customer will be required to cover any additional customs charges. 

9.1    The Buyer has the right to cancel the agreement for any reason at any time before the expiry of a period of 14 working days beginning with the day after the day on which the Buyer receives the goods. The Buyer shall be refunded in full within 28 days.

9.2    The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier via email within 7 days from the day after of delivery if the Goods are damaged or do not comply with any of the Contract.  Please note that in the case of all products, “inspect” means examine, and does not permit you to use the items. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. The Supplier accepts no responsibility for items if the buyer has not read, or has mis-read the product description and the item is not suitable and the Buyer is outside of the 21 day returns window. 

9.3    Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective or damaged.  Damage that could have arisen from use of the Goods by the customer will not be deemed to be a defect and cannot therefore be claimed for a refund. 

9.4    Where a claim of defect or damage is made the Buyer shall be responsible for the return of the Goods to the supplier within 28 days of delivery.  The Buyer shall be entitled to a replacement or a full refund (including delivery costs) if the Goods are in fact defective. The Supplier reserves the right to request photographic evidence of faults before agreeing to the return of the item/s

9.5    If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods and receive a refund by informing the Supplier via email within 7 working days from the day after the receipt of the Goods.  The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer.

9.6    We ask that Goods be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured and packaged during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges.
    
9.7    In the event of cancellation, the Buyer shall be responsible for the return of the Goods. The Buyer will be under a duty to take care of the Goods until they have been returned; The Buyer will receive a refund of all monies paid for the Goods.

9.8    Goods to be returned must clearly show the order number obtained from the Supplier on the package.

10    LIMITATION OF LIABILITY

11.1    Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

11.2    Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

12    WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

13    FORCE MAJEURE

The Supplier shall not 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, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

14    SEVERANCE

If any term or provision of these Terms and 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.

15    CHANGES TO TERMS AND CONDITIONS

The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

16    GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English.

17   COMPETITIONS AND PROMOTIONS

The Supplier reserves the right to run competitions and promotions. Winners of competitions which are run via our social channels on Twitter, Instagram and Facebook are chosen at the discretion of The Supplier. Competitions and promotions will each have their own set of additional terms and conditions which will be displayed below for the period of the competition or promotion, plus 7 additional working days from the competition or promotion end date.  However unless otherwise specified, the winner of any specific competition can be selected from entrants across all 3 social media channels (Twitter, Instagram, Facebook). 

 

2. Terms and Conditions of website

Please read these terms carefully before you begin using this site as stated before by using this site you indicate that you accept our terms of use and agree to abide by them. Please do not continue using this site if you do not agree with the terms of use.

 

Disclaimer

All information and material on this site is provided for general purposes only, do not claim as legal, professional or otherwise as this information is not and cannot be relied upon. We do not accept any responsibility for loss which may arise from the access and reliance on the information found on this site. We exclude all liability for loss or damages direct or indirect arising from the use of this site.

 

Access

We will not be held liable if the service provided by this website is unavailable at any time, your access is permitted on a temporary basis by us. We reserve all rights to withdraw or amend the service of our site.

 

Intellectual property rights

We reserve all intellectual property rights from this site, all works being protected by copyright law. Modification of paper or digital copies of any material is prohibited, alongside the use of illustrations, photographs, videos and other such material. Any use of this must be accompanied by text, acknowledging the author (MPL Gardening).

Materials as stated above must not be used for commercial use without obtaining a license from ourselves or our licencors.

Any printed, copied or downloaded parts of the site are used by you and breach our terms, we recommend you either destroy or return the such materials.

 

Site changes

This site is updated regularly to improve your user experience, if such moment arises where the site becomes suspended by us to update the site or closes indefinitely then we are entitled to do so. Any of the material seen on this site may be out of date at any given time, MPL Gardening are under no such obligation to keep the material updated.

 

Liability

Information and material on our site is provided with no guarantees, warranties or conditions to its accuracy. To the extent permitted by law, we and third partied connected to us hereby expressly exclude:

Liability for direct, indirect, consequential loss or damage incurred by any user of this site or in connection with the use. Furthermore, inability to use, or results of the use of our site, any materials linked to it or posted to it. We will not be held liable for loss of income or revenue; loss of goodwill; loss of anticipated savings; loss of data; loss of business; wasted business time; and any other such loss or damage. This includes negligence and any breach of contract; this condition shall not prevent loss or damage to your tangible property or any other financial category set above.

Our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation and any other liability which cannot be excluded or limited under UK law.

 

Offences

Introducing viruses, Trojans or other such material regarded as malicious or harmful is  prohibited. Attempted access to this site, server, computer, database connected to this is site is also prohibited. Any attacks on our site from a denial of service attack are also prohibited. By breaching any of the aforementioned you have committed a criminal offence (Computer Misuse Act, 1990). Any such breaches will be reported to the authorities, disclosing your identity to them. Your right to use our site will cease with immediate effect and we will not be liable for any losses caused by your attempted breach.

 

Links

Our site does contain links to other sites and resources, these link are provided to assist you and provide information. We do not control their content and we recommend you read their terms and other legal documents to avoid any misuse of their information. We accept no responsibility for any losses or damages that may occur due to your access of other sites through or own.

 

Equality

The Equality Act of 2010 states that websites must be accessible to users with disabilities. We have tried to make our site as easy to navigate as possible, as well as making it easier for those with disabilities to read the text in html code. We accept we can only do so much to make it as easy as possible for those with disabilities to use our site and that certain disabilities will find it more or less difficult to use our site. Because of this we won’t accept any responsibility for the loss or damage occurred because the user is unable to use our site.

 

Revisions

This site and its terms may be revised at any time, you are expected to read this page regularly to take note of any changes we have made due to the binding they have on you. Any provisions contained in these terms may be superseded elsewhere on the site.