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Help Us Grow Online Shop Terms and Conditions of Use

Updated 23rd April 2016

Here at Help Us Grow we pride ourselves on customer satisfaction and fun, however once in a while things don’t go according to plan and here is the guidance on what to do if this happens!

1. Applicable Terms and Conditions
We own and care about our website, so any use made of this website by you (including any registrations and donations made via the website) is subject to these Terms and Conditions, please treat us with love! We may amend these Terms and Conditions from time to time by updating the text on this page. By using the website you agree to be bound by the current Terms and Conditions so please read through them carefully before we begin!

 

2. Use of the Website
Anyone may view and enjoy any non-password protected parts of the website and use it for their own purposes, provided:
• it is only used for information purposes for your personal use only, and not for reproduction on any other website, commercial gain or improper or malicious use;
• any links created to the website are notified to and approved by us before they are created; and
• no part of the website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without our written permission.


3. Contacting us 
If you wish to contact us for any reason, to have a chat, discuss the weather or if you do have any worries with our service then you can send them via snail mail to:

Help Us Grow

Bell Brothers Nurseries

Lowfields Road

Benington

Boston

Lincolnshire

PE22 0EE
Or electronic snail mail: info@helpusgrow.co.uk
Or pick up the phone and give us a bell at: 01205 760319

4. Viruses
We hate viruses as much as our computers do so we make all reasonable attempts to exclude them from our website, however we cannot ensure exclusion from the nasties and so we accept no liability for damage caused through the downloading of viruses. We recommended that you take all appropriate safeguards before downloading information from the website and keep your computer healthy and happy. 

5. Copyright and trademarks
We are proud of our website and its content and therefore the copyright in the material is owned by us, or by our content suppliers. Unauthorised use of the material, including reproduction, storage, modification, distribution or republication without our prior written consent or, where applicable, the respective copyright owner, is prohibited. 

6. Encryption 
At Help Us Grow we love our spy movies and as such we take our encryption seriously! However not all the internet is so 007 when it comes to your personal security so unfortunately we cannot take responsibility for any loss incurred by yourself or any person when transmitting information over the web.


7. Availability of the website and termination of accounts
Unfortunately even we need repairs and updating every once in a while and this may mean that we limit or suspend your access to our beautiful site. We apologise if this interrupts your use of our website or if we contain errors during these times. However, in the event that you misuse our website or breach the terms of our friendship then we maintain the right to terminate your account with us immediately, including if you do not make payment of any sums due to us.


8. Applicable terms and conditions to sales from the website
8.1 We hope you love our products as much as we do and place an order for lots of goodies and the following sales terms cover such orders. Please read the sales terms carefully. If you don’t agree with our sales terms, then we ask that you do not order any goods from the website. If we accept any order from you, then you are agreeing to the terms stated, please play by the rules.

8.2 Please note that we reserve the right to amend the sales terms from time to time. We will publish the amended sales terms on the website and any new versions of the sales terms will come into effect as soon as we publish them (with the exception of any orders that we have already accepted from you prior to any such change which will be subject to the sales terms in force at that point).

9. Availability of the goods displayed on the Website
We get really cool stuff on our site which means everyone wants one, however this does mean sometimes we are out of stock. Although we apologise that we can’t share everything with you, we will sometimes have to suspend supply without notice.


10. Usernames and Passwords
10.1 We hope you wish to purchase some of our cool products, and if you do join us in our fundraising adventure you will be given the option of joining our family and registering an account with us. By becoming a HUGger you will be able to use our fast track checkout and access your order history! To register you will need to provide your email address and password..

10.2 Please, please, please keep your password safe and confidential! Unfortunately if you allow access to our website by others with your registration details and they breach our terms you will be liable for any damages.


10.3 If you believe your password has become compromised or your account hacked in any way, please cease to use the password and tell us immediately.

 

11. Buying goods from the website

We take your consumer rights very seriously at HUG HQ, so please bear with us while we cover thenitty gritty of your rights and what you need to do if you are unhappy in any way with our service.

11.1 Order Confirmation – It is your responsibility to ensure that you check your order prior to submitting the shopping cart and making payment for your goods. Any errors in quantities, products ordered or other errors made on your part are your responsibility and as such you will be held accountable for such errors.


11.2 Pricing policy - We may change the prices of the goods displayed on the website at any time. The prices for all the goods available through the website are clearly marked in their description and are inclusive of VAT. Please note that if a pricing error is obvious and could have reasonably been recognised by you as a mistake, we do not have to provide the relevant item to you even if we have confirmed your order. All applicable delivery charges are also displayed on the website. All prices are in Pounds Sterling.

11.3 Conclusion of contract of sale - The information relating to the goods and relevant prices are displayed on the website for your information and to enable you to decide whether you would like to treat yourself and purchase products from ourselves. When you place an order to purchase an item from the website, this represents an offer to us. Your order is only accepted by us, and the contract concluded, when we send e-mail confirmation that we have accepted your order. Any products on the same order which are not in our confirmation e-mail do not form part of that contract.
If we cannot supply you with the product you ordered, we will not process your order and will inform you of this via email. 

11.4 Delivery - Standard service delivery is charged at £5.99 to any UK mainland address and Northern Ireland (excluding offshore territories). These charges cover packaging, handling and delivery. Orders are usually processed within 24 hours, and are dispatched every Monday-Thursday, due to the nature of living products. 
If for any reason we do not deliver any item within 30 days after the day on which we send you our confirmation email, you may cancel your order straight away if we have refused to deliver the item in question.
Where you choose to cancel an order under this clause, we will refund any sums you have paid to us for the price of the product, however you will not receive a refund for any donations made with your order. If your order has already been delivered to you by the time you choose to cancel, you will have to return the unwanted items to us. 
If goods are not received within the timeframes set out above, please contact our customer services department by email at info@helpusgrow.co.uk and our friendly elves will help put things right.

11.5 Out of stock - If any item you have chosen is unavailable because it is out of stock or otherwise, we will contact you via phone or email and set out the options that are available to you. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

11.6 Return of goods - We want you to be completely satisfied with your purchases, and we are under a legal duty to supply goods that are in conformity with the contract between you and us. Please let us know if you are not entirely satisfied with our products or our service, so that we can rectify the situation. We try to ensure that the products are the same as our original samples, although sometimes differences do occur. Items are described and photographed as accurately as possible, but please note that sizes, colours and designs may vary, especially with living products. 
If you wish to return an item because it is not as described on the website, fit for purpose or of satisfactory quality, you are entitled to a refund for the cost of the product (the donation is excluded from this and not subject to a refund) as long as you notify us within 30 days of receipt of the item either by email or in wiriting, or you may request a replacement item instead. You must then return the item in question to us.
If you are not completely satisfied with any item you ordered for any other reason, you can either return it and ask for a replacement or cancel the purchase and receive a refund for the cost of the product (the donation is non-refundable) within 14 days of receipt, no questions asked. 
When returning goods to us, please send them to Help Us Grow, Bell Brothers Nurseries, Lowfields Road, Benington, Boston, Lincolnshire, PE22 0EE. If the product is damaged in any way or has become broken in transit, please contact customer services by email at info@helpusgrow.co.uk.
When returning goods, please retain proof of postage. Without this we cannot be responsible for any items that fail to reach us. 

11.7 Replacement policy - If you wish to return a non-faulty item and receive a replacement, please send them to the address given at clause 11.6 above within 14 days of receipt of the item(s), in a resalable condition and if possible in the original packing (together with the customer advice note). Items returned under this policy must be unopened with any seals and shrink-wrap intact (e.g., for food and plants). Please note we can only accept the return of opened items if they are faulty. We are only able to replace identical products, so if you wish to order additional items it will be treated as a new order. 
Due to the perishable nature of the products, we cannot exchange the following items unless faulty:
• Gift food
• Flowers and plants
• Personalised goods
If you wish to exchange an item because of an error on our part, because it is damaged or defective or because it does not match the description on the website, we will be happy to reimburse your costs for the product sold (the donation is non-refundable) in returning the original item to us.
Please note that this replacement policy is in addition to your legal cancellation rights.


11.8 Cancellation Policy - If you are purchasing items as a consumer, you also have a right to cancel your order within 14 days without giving any reason. This cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 
Please note that this cancellation right does not apply to:
• items that are made to your specification or clearly personalised; 
• items that are likely to deteriorate or expire rapidly (such as items of food or flowers);
• items that become inseparably mixed with other goods after they are delivered to you
To cancel a purchase, you must tell us that you wish to cancel within the 14 day period referred to above. You can do this by:
• Emailing us at info@helpusgrow.co.uk, providing us with details of your order in order to allow us to identify your purchase
• Return the item to us by packing it securely (preferably in the original packing) and sending it back to us with a copy of your receipt and your customer advice note confirming that you wish to cancel your order
If you cancel this contract, we will reimburse to you all payments received from you with regard to the product purchased (excluding the donation).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
• 14 days after the day we receive back from you any goods supplied;
• (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
• If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
We will make the reimbursement using the same means of payment as you used for your initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. 
You will send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 

11.9 Legal age – Sorry, but we do not sell products for purchase by children. We do, however, sell childrens’ products for purchase by adults, yay! If you are under 18 and you really love our products as much as we do then you may purchase items from the website but only with the supervision of a parent or guardian.

11.10 Special offers - From time to time, we get that generous feeling and have special offers advertised on the website. Special offer prices quoted apply only to orders completed online. 


12. Personal Information

Any information you give to us via the website will be held by ourselves and our sister organisations, but we will not share your information with any other organisation or third party, that would be mean of us. Never fear, your payment details are not stored at our server but will be held by our friends at PayPal or SagePay.


13. Limitation of liability
13.1 We hold ourselves responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence (oops!), but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated at the time the contract was entered.

13.2 We only supply products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes or for getting into mischief, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of your statutory rights under sections 9-11, 13 and 14 of the Consumer Rights Act 2015 (i.e. items must be of satisfactory quality, fit for purpose and match any description, samples and/or model provided); or 
(d) defective products under the Consumer Protection Act 1987.

14. Events outside our control
Life sometimes likes to throw up things we have no control over, whether it be thunder and lightning, a railway strike or a zombie apocalypse, and this means that sometimes we can’t meet our commitment to you. Although we extend our sincere apologies for any inconvience this causes, we are also terrified of zombies and as such:

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an event outside our control. 

14.2 If an event outside our control takes place that affects us:
(a) we will contact you as soon as reasonably possible (and we can get out of hiding) to notify you; and
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over. 

14.3 You may cancel a contract affected by an event outside our control that has continued for more than 21 days (we hope the storm will pass slightly quicker!). If you wish to cancel then please contact us as detailed above. If you opt to cancel, you will have to return any relevant products you have already received and we will refund the price you have paid for the goods (not including any donations made). We shall not be held to be in breach of our obligations, nor be liable to you for any loss or damage which may be suffered by another party due to any cause beyond our reasonable control. 

15. Jurisdiction 
Now for the boring legal bit….the Terms and Conditions and the use of the website shall be governed by the laws of England and Wales and therefore you agree to submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the website and/or any transactions made on the website, or these Terms and Conditions, thank you for reading!