These must be quite long and detailed, but we hope they explain everything clearly. If they do not, or if you have any comments or further queries, do let us know!
What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or digital content.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Measurement of Products. Industry standard way to measure products is from the bottom of the pot to the top of the plant with any folded leaves held upright. Please bear in mind that plants will vary slightly in size and shape so the measurements are approximate. Where we offer a pair of plants we will endeavour to match them as best we can, however plants will vary and cannot be expected to be identical. If you order individual plants at different times, we can not guarantee to match the sizes for you.
Your Rights to Make Changes: If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible, for the avoidance of doubt a change will not be possible if the product in question is a perishable product or a living product. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of 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 (see Your rights to end the contract).
How we will accept your order. Our acceptance of your order will take place when we email you to confirm delivery, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we send you an order confirmation. Please make sure you check the order confirmation is exactly as expected as we are not always able to make changes thereafter. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK. We are not able to deliver to Northern Ireland currently.
We want our PP&I charges to be fair. Therefore, you will normally only ever pay one P&P charge however large you order.
There are a very small number of unavoidable exceptions to this:
Where orders of greater than 5 units of any product are ordered, Harkness Roses reserves the right to apply appropriate delivery charges, which will be passed on at cost.
Compost is heavy and bulky and therefore has to be sent as a separate consignment - so the charge for delivery on this item is per bag. Please also note that compost is delivered separately, so any free delivery offer will not apply to any other items on the order.
If you live in the Highlands or Islands of Scotland, on the Isle Of Man, Isle Of Wight or in the Channel Islands, there will usually be surcharges applied, which are charged by our courier. We merely pass these costs on to you for any items to which they apply. Surcharged postcodes include - but are not limited to - the following:
AB, DD8-11, GY, HS, IM, IV, JE, KA27-28, KW, PA20-80, PH19-50, TR21-25, ZE
Where such surcharges do apply, the additional cost will be £6.00 per order. We regret we are not able to deliver to Northern Ireland.
If you are unsure of your delivery charges, or need confirmation because you live in one of the areas mentioned above, it will always be confirmed in your basket prior to checkout on our website, or alternatively, please feel free to call us on 0333 210 1044 .
For certain items that are delivered by third parties (e.g. Machinery items), separate out-of-area surcharges of variable cost may be charged to us by our supplier. In such cases, we regrettably have to pass these on to the customer and will get in touch prior to dispatch of your items.
In-Stock Items. We will always endeavour to send your goods to you promptly and we will usually dispatch in-stock items within 5 working days. This will be detailed on the product page where applicable. Otherwise, we commit to sending your order within 7 - 10 working days, unless a pre-order item is included.
Pre-Orders. In instances where we take orders for delivery within a pre-published delivery window, we will publish the expected delivery time in our printed catalogues and advertising - and repeat this in the product listing on our website. We try our best to be on time, however please allow seven days either side of the pre-order date for dispatch, as in most cases this is weather-dependent!
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If part of your order is available for immediate dispatch and part is for pre-ordered items, we will normally hold on to your order to deliver in just one parcel. If you have ordered a pre-order item, yet you require part of your order immediately, we are sometimes able to split an order on request - in such cases we reserve the right to charge an additional delivery charge to accommodate this.
If you are not at home when the product is delivered. We will send you a dispatch notification when your order is on its way, normally with tracking details. We recommend you try to be in when the order is delivered, or make sure there is a safe place your order can be left. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you that the parcel has been delivered. Please note we can not be held responsible for theft from your property once the order has been delivered.
When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
When you own goods. You own a product which is goods once we have received payment in full.
All products are supplied with a complete and unconditional guarantee for the first 30 days after you receive them, which is in addition to your statutory rights. But, to give you even more assurance, thereafter we are delighted to provide you with the 'Our Lifetime Guarantee' on all hardy plants which means just that!
If any rose or other Winter Hardy plant purchased from Harkness Roses does not thrive within 1 year from delivery, let us know and we will send you a direct replacement product FREE OF CHARGE, however, you agree to pay the Postage, Packing and Insurance at standard rate.
If the product you ordered is no longer available, we will happily replace it with an item of equivalent value. Under no circumstances will we offer a cash refund on a 1 year Guarantee replacement.
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see If There Is A Problem With The Product;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Ending the Contract Because Of Something We Have Done Or Are Going To Do;
(c) If you have just changed your mind about the product, see Exercising Your Right To Change Your Mind (Consumer Contracts Regulations 2013). You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Ending The Contract Where We Are Not At Fault And There Is No Right To Change Your Mind.
Ending the Contract Because Of Something We Have Done Or Are Going To Do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided . The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
(e) you have a legal right to end the contract because of something we have done wrong.
Exercising Your Right To Change Your Mind (Consumer Contracts Regulations 2013). For products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in How To End The Contract With Us (Including If You Have Changed Your Mind).
Ending The Contract Where We Are Not At Fault And There Is No Right To Change Your Mind. Even if we are not at fault and you do not have a right to change your mind (see You Can Always End Your Contract With Us), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you have no right to change your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0333 210 1044 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website Contact Us.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you are obliged to return them to us. Please call customer services on 0333 210 1044 or email us at [email protected] for details on where or how to return the goods.
When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made. We will make any refunds due to you as soon as possible.
Any information we publish electronically or via printed materials is always intended to be as accurate as possible. However, in some cases approximate dimensions or capacities may have to be given. In many cases we are selling natural, living items and therefore the exact size will understandably vary a little. On rare occasions we may have to substitute a very similar item for something you have ordered. We will always do this with care and ensure the replacement is appropriate. If you find a substitute we send you unacceptable, please let us know and we refund the value of the item in question.
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as reasonably practicable in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If There Is A Problem With The Product:
How to tell us about problems. If you have any questions or complaints about the product, please contact us - ideally by email at [email protected] attaching a photo of the problem or fault where appropriate.
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods are faulty and can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, or post them back to us. Please call customer services on 0333 210 1044 or email us at [email protected] prior to return and to confirm where and how to return them to us.
Our secure and legally compliant payment system will allow you to pay for your goods in a number of ways - we accept payment for online orders by most major credit and debit cards such as Visa (including Visa Electron), MasterCard, Maestro and Delta. If you wish, you may also pay by PayPal or Amazon Pay, using the details saved in your Amazon account. All payments are processed on receipt of your order.
Prices always include VAT where appropriate. If the VAT rate changes or there are any unforeseen circumstances affecting the price of goods, we reserve the right to increase or decrease prices accordingly.
Whilst we are more than happy to take orders from everyone, we cannot guarantee to make any special arrangements for orders made on behalf of any commercial enterprise in order to meet certain deadlines, or deviate from our standard delivery procedures. Whilst we will obviously make every reasonable effort to accommodate customer requests, and we always endeavour to ensure deliveries are delivered promptly, our couriers cannot provide a specifically timed delivery or guarantee delivery for a specific day.
Any orders placed by or on behalf of a commercial enterprise will always be treated in the same way as any other order and subject to our standard prices and delivery promise. In such cases where a refund is provided, our liability is strictly limited to the value of the order including the cost of the product and the associated delivery charge.
A detailed confirmation of the specification of the product will be provided to customers prior to confirmation of their order, in addition to full details regarding charging and shipping of the order.
Such orders will only be taken on a sold as seen basis and full payment must be received prior to shipment.
All rights, including copyright, in the content of the web site are owned or controlled by Planet Gardening Limited. In accessing any of this web site, you agree that you may only download any content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium) transmit, show or play in public, adapt or change in any way the content of the web pages for any other purpose without the prior written permission of Planet Gardening Limited.
There are three main ways to contact us and we will always deal with your question or query as quickly as possible - normally within 24 hours of receipt. (except during our peak times)
Email us at [email protected]
Telephone our customer services line on 0333 210 1044 (open Mon-Sat 08:00-18:00; Sun 10:00-16:00; Bank Holidays 10:00-16:00; closed Christmas Day & Boxing Day).
Write to us Harkness Roses, PO Box 1468, Peterborough, PE1 9XL
Whenever you contact us about your order, please confirm your name, address, email and order number as this will allow us to deal with your query most quickly.
If you need to cancel an order please contact us as soon as you can. If your order is for non-perishable goods, you have the right to cancel your order up to 14 calendar days after receipt of it. It is your responsibility to take reasonable care of the goods whilst in your possession and they must be returned to us in saleable condition, promptly, at your costs. Your statutory rights are unaffected by any of these business terms.
How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Your Privacy and Data - please follow this link to the section covering this topic.
Harkness Roses is operated by You Garden Limited under agreement with Planet Gardening Limited.
You Garden Limited is a company registered in England and Wales. Company registration number 07864712. Registered office: Eventus House, Unit 38, Northfields Industrial Estate, Sunderland Road, Market Deeping, Lincolnshire, PE6 8FD. VAT No. 126 5550 21.
Harkness Roses is a trading brand of Planet Gardening Limited, a company registered England and Wales. Company registration number 11513736. Registered office: Gardening House, Briar Patch Nursery, Ickwell Road, Upper Caldecote, Beds, SG18 9BS.
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