By purchasing plants from best4hedging 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 before submitting your Order because they affect your rights and liabilities and relationship with us under the Contract.
1. Definitions used in these Terms
us or we
means best4hedging Ltd. Our company number is 3650706 and our registered office is at Best4hedging, Five Acres Nursery, Dawbers Lane, Euxton, Lancashire, PR7 6EE. Our registered VAT number is 256 8188 65
means the person who accepts the Contract with Best4hedging Ltd
means the contract for the sale and purchase of the Products, which incorporates these Terms
means addresses within the United Kingdom, but excluding the Isle of Man, the Isle of Wight, the Scottish Highlands & Islands including AB (Aberdeen) and DD (Dundee) postcodes, the Channel Islands and Northern Ireland
means the plant or plants that best4hedging Ltd will supply in accordance with these Terms
means your order for the purchase of our Products
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. By placing an order for the Goods and accepting the terms and conditions of sale, you are hereby confirming that you meet the minimum age criteria for purchase from this website of 18 years old.
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.
2.7 It is important to note that there is an expected failure rate with Bare Root plants - generally about 10% - (slightly more for Beech and Purple Beech) although you can improve the success rate to virtually 100% by planting with Rootgrow & Bonemeal/After Plant. If you purchase these planting essentials from best4hedging we will cover the first 10% of failures for you (subject to correct planting and aftercare). All we would ask from yourself is the applicable delivery charge. If these products are not purchased from best4hedging we are unable to replace any failures in the first 10% due to the expected failure rate.
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 dispatch, 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 read the following.
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 unmistakable 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.
5.1 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 on 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 re-arrange 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 & Ownership
6.1 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 the 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.
6.2 It should be noted that Hedges Direct Limited sell Rosa Rugosa , Cotoneaster simonsii and Cotoneaster horizontalis only to be planted in private gardens. These species should not be planted in the wild, in accordance with the Wildlife & Countryside Act 1981 Section 12, Schedule 9 Part 2.
7. Quality & Returns
7.1 We are under a legal duty to supply Products that conform to 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. Any damage to plants received must be reported as soon as possible and within 14 days of delivery. If you do not notify us within this period, you are deemed to have accepted the plants and Best4Hedging has no further liability for the plants should they fail.
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:
8.1.1 we have told you about an upcoming change to the Products or these Terms which you do not agree to;
8.1.2 we have told you about an error in the price or description of the Products you have Ordered and you do not wish to proceed;
8.1.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control;
8.1.4 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for more than 30 days; or
8.1.5 you have a legal right to end the Contract because of something we have done wrong.
8.2 For most Products bought online or by telephone you have a legal right to change your mind within 14 days and receive a refund of the Price of the Product and any delivery costs. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer (i.e. not the cost of any enhanced delivery option). We may make a deduction from the refund due to signs of unreasonable use or if the Product needs to be repackaged or reduced in price to resell. Products mixed inseparably with other items after delivery cannot be returned under this clause 8.2.
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:
10.1.1 you do not make payment and you still do not make payment within 30 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of asking, provide us with necessary information e.g. your delivery address;
10.1.3 you do not, within a reasonable time, allow us to deliver the Products to you,
and we will refund any money paid in advance for Products not yet provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract, including due to unreasonable use or if the Product needs to be repackaged or reduced in price to resell.
10.2 We may cancel the Contract if we withdraw the Products. We may write to you to let you know that we are going to stop providing the Product and will provide a refund of any sums you have paid in advance for Products which will not be provided.
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.
12.1 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 trademark 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.
13.3 We will only give your personal information to third parties where the law either requires or allows us to do so. Both inbound and outbound calls may be recorded for quality monitoring and training purposes.
14.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing, we shall act reasonably in doing so. Nobody else has any rights under this contract.
14.2 If a court finds part of these Terms illegal, the rest will continue in force.
14.3 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.4 This contract will be governed by English law and any dispute handled in an English court. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts
14.5 We may contact you by telephone or in writing to you at the email address or postal address you have provided to us. Our contact details are as follows: 01257 261 243 or through our service desk at [email protected]. Alternatively, you can write to us at Best4hedging Limited, Five Acres Nursery, Dawbers Lane, Euxton, Lancashire, PR7 6EE; Company number 6911569 ; VAT Registration Number 256 8188 65
(Complete and return this form only if you wish to withdraw from the contract)