Terms of service

 

Our mission is to provide all our customers with products and services which will exceed their expectations and inspire them to get more engaged in gardening. With that in mind, we want to make the experience of using our website as simple and easy as it can be.

You can contact us at hello@thehortologist.co.uk or via our online contact form at any time if there is anything we can do to make this experience even better.

Terms and Conditions

Welcome to thehortologist.co.uk (the “Website”). We ask all our visitors to read our Terms and Conditions carefully.

This Website is brought to you by Mark Falconer t/a the hortologist (“the hortologist”, or “we” or “us”) and all rights, including copyright, in the content of the Website, is owned or controlled by the hortologist.

The hortologist and its affiliates provide access to the Website and sell its products to you subject to the Terms and Conditions set out on this page.

If you have any comments or queries relating to this Website, please contact us via hello@thehortologist.co.uk or via our online contact form.

Terms and Conditions of Sale

Please carefully read these Terms and Conditions before purchasing any the hortologist products on the Website. By purchasing the hortologist products on the Website, you agree to be bound by these Terms and Conditions.

Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.

The Website only sells products to individuals who are over sixteen (16) years of age. If you are under sixteen (16), you may use the Website only with the express permission and supervision of a parent or guardian.

The hortologist reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.

Feedback and Complaints Policy

We welcome any comments about our service so that we can strive for continuous improvement in everything we do. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please contact us at hello@thehortologist.co.uk stating clearly that you are making a complaint. Our aim is to respond to your complaint within three (3) working days, either resolving the complaint or with a timescale for resolution.

Pricing and availability

All prices are quoted in Pounds Sterling and are exclusive of VAT (not yet VAT registered). All item prices are exclusive of delivery charges. We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable or delayed for any reason. 

Despite our best efforts, a small number of the products on the Website may be mispriced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.

Disclaimer, intellectual property and limitation of liability

This Website is provided by the hortologist on an “as is” and “as available” basis. The hortologist makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.

The hortologist disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. The hortologist does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. The hortologist will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Laws of certain countries or States do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

All garden design plans, concepts and associated materials created by the hortologist are the exclusive intellectual property of the hortologist and are protected by copyright law. These designs may not be reproduced, distributed or used for commercial purposes without prior written consent.

While we strive to create detailed and accurate plans, implementation and final results may vary due to site specific conditions, contractor execution and environmental factors. Unforeseen site conditions such as soil quality, drainage issues and regulations may affect the feasibility of the design which may mean that additional consultation may be required. The hortologist is not responsible for any modifications made without approval or for work performed by landscapers, contractors and other third-parties using our designs.

While the hortologist carefully selects plants suited to the site conditions and design intent, we cannot guarantee plant survival, growth rates or long term performance. Factors such as climate, soil conditions, pests, disease, improper installation and on-going maintenance all play a significant role in plant health. Once installed, it is the client's responsibility to ensure proper care and maintenance to support plant establishment and longevity.

By engaging with our services, clients acknowledge and agree to these terms.

Electronic communications

When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Our details

thehortologist.co.uk is owned by Mark Falconer and my contact address is:

39 Gurkha Road
Blandford Forum
Dorset
DT11 7FL

United Kingdom

My contact telephone number is +44 (0) 7771118715

My contact email is hello@thehortologist.co.uk

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time.

Events beyond our reasonable control

The hortologist will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing law and jurisdiction

Your use of the Website, any purchase by you on the Website of any products, and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

Your statutory rights are not affected by these Terms and Conditions of Sale.

Ordering products on our site

We make every effort to provide accurate images of all our products. Colours can look slightly different on different computers so the hortologist cannot be held liable for slight variances in the colour displayed on the site and the delivered product. If you have any issues relating to this, we encourage you to contact us via our email at hello@thehortologist.co.uk or our contact form.