Terms & Conditions

These terms and conditions (Terms) should be read in conjunction with our Privacy Policy and Terms and Conditions of Website Use.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products. Please note that before placing an order you will be asked to agree to these Terms If you refuse to accept these Terms, you will not be able to order any Products from our site..

Any order placed by a Customer with the Company for Products shown on our website shall be accepted at the discretion of the Company. Subject to clause 8 below, orders will be accepted if the Product or Products are available and payment from the Customer has been authorised.

We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 5 October 2015

These Terms and any Contract between us are only in the English Language.

1.DEFINITIONS

In these Terms:

“Customer” and/or “you” means the person contracting with the Company for the supply of Products

"Company" and/or “us” means Veolia ES (UK) Limited

"Product", "Products" means the range of products sold by the Company on the Pro-Grow.com website

“our Site” means the Pro-Grow™ website. www.pro-grow.com

2.INFORMATION ABOUT US

2.1 We operate the website www.Pro-Grow.com. We are Veolia ES (UK) Limited, a company registered in England and Wales under company number 02481991 and our registered office and main trading address is at 210 Pentonville Road, London N1 9JY. Our VAT number is GB 530 0088 93.

2.2 Contacting us if you are a consumer:

(a) To contact us, please see our “Contact Us” page on our Site.

(b) To cancel a Contract in accordance with your legal right to do so as set out in clause 12, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Site. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at Pro-Grow@veolia.com or contact us by post to Pro Grow, 210 Pentonville Road London N1 9JY. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

(c) If you wish to contact us for any other reason, including because you have any complaints, you can e-mail us at Pro-Grow@veolia.com

(d) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

2.3 Contacting us if you are a business.

You may contact us by e-mailing at Pro-Grow@veolia.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.4.

3. OUR PRODUCTS

3.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that the appearance of the Products shown on our Site will exactly replicate the Products which are delivered as these are natural products which may have some colour, appearance or packaging dimension variations.

3.2 All Products shown on our Site are subject to availability.

4. USE OF OUR SITE

Your use of our Site is governed by our Terms and Conditions of Website Use Please take the time to read these, as they include important terms which apply to you.

5. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

6. IF YOU ARE A CONSUMER

This clause 6 only applies if you are a consumer.

6.1 If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old.

6.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.

7. IF YOU ARE A BUSINESS CUSTOMER

This clause 7 only applies if you are a business.

7.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Products.

7.2 These Terms our Privacy Policy and Terms and Conditions of Website Use constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy, Terms and Conditions of Website Use.

7.4 It is agreed that neither party shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

8.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

8.2 After you place an order, you will receive an e-mail from us confirming receipt of your order and our acceptance of your order (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.

8.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site as referred to in clause 13 we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

8.4 We only sell to the UK. Our website is solely for the promotion of our Products in the UK. Unfortunately, we do not deliver to addresses outside the UK.

9. OUR RIGHT TO VARY THESE TERMS

9.1 We may revise these Terms from time to time

9.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

9.3 Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Terms have been amended on the Pro-Grow website.

10. IF THERE IS A PROBLEM WITH THE PRODUCT

10.1 If you have any questions or complaints about the Product, please contact us. You can contact our customer service team at Pro-Grow@veolia.com or 210 Pentonville Road, London N1 9JY

10.2 We are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

a) up to 30 days: if your item is faulty, then you can get a refund;

b) up to six months: if your faulty item can't be repaired or replaced, then you are entitled to a full refund, in most cases.

10.3 Nothing in these terms will affect your legal rights.

11. YOUR RIGHTS TO END THE CONTRACT

11.1 You can always end your contract with us:-

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 to get some or all of your money back), see clause 10.2;

b) If you want to end the contract because of something we have done or have told you we are going to do. See clause 11.2;

c) If you have just changed your mind about the product, see clause 11.3. 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.

11.2 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, in each case for a period of more than 3 months; or

(e) you have a legal right to end the contract because of something we have done wrong

11.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most 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 these terms.

12. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 12 only applies if you are a consumer.

12.1 If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 12.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office

12.2 However, this cancellation right does not apply in the case of any Products which become mixed inseparably with other items after their delivery.

12.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract

End of the cancellation period

Your Contract is for a single Product (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Product.

Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Contract is for either of the following:

· One Product which is delivered in instalments on separate days;

· multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with an Order Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

Your Contract is for the regular delivery of a Product over a set period.

The end date is 14 days after the day on which you receive the first delivery of the Products.

Example: if we provide you with an Order Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

 

12.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at Pro-Grow@veolia.com or by post to PRO-GROW, 210 Pentonville Road, London, N1 9JY. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

12.5 If you cancel your Contract we will:

(a) refund you the price you paid for the Product(s). However, please note we are permitted by law to reduce your refund 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.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 5-7 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.

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 12.8;

(ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.

12.6 If you have returned the Products to us under this clause 12 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges. See also clause 10.

12.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers

12.8 If a Product has been delivered to you before you decide to cancel your Contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. If the order was a “click and collect“ you should return the Product to the same depot or warehouse. Any Products delivered by post can be returned by post to the address given in the Order Confirmation. Please see our Returns page on our Site.

(b) unless the Product is faulty or not as described (in this case, see clause 12.6), you will be responsible for the cost of returning the Product(s) to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery

13. DELIVERY

13.1 Delivery costs. The costs of delivery will be as displayed to You on our website

13.2 We will contact you with an estimated delivery date, which will usually be within 3-10 working days after the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 18 for our responsibilities when this happens.

13.3 Delivery will be carried out by the Company or by a third party courier service engaged by the Company

13.4 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.

13.5 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us (“click & collect”) and the Products will be your responsibility from that time.

13.6 You own the Products once we have received payment in full, including all applicable delivery charges.

13.7 Delivery of large quantities of the Product(s) shall be made to the adjacent or nearest kerbside of the place of delivery and it shall be your responsibility to move the Products from the kerbside to the area of use. Note that in some areas of the UK, you may need permission from your local Council to have bulk bags left on the kerbside;

13.8 Delivery shall be conditional upon unencumbered access to the address either by vehicle and/or on foot and you shall be responsible for informing us in advance of any access restrictions to the delivery address;

13.9 Products damaged by you, your servants or agents whilst unloading is your responsibility.

This clause 13.10 only applies if you are a consumer.

13.10 If we miss the 3-10 working days delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

(a) we have refused to deliver the Products;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

13.11 If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 13.10, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

13.12 If you do choose to cancel your Order for late delivery under clause 13.10 or clause 13.11 you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

14. PRICE OF PRODUCTS AND DELIVERY CHARGES

14.1 The prices of the Products will be as quoted on our Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of the Product(s) you ordered, please see clauses 14.5 and 14.6 for what happens in this event

14.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

14.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

14.4 The price of a Product does not include delivery charges (unless expressly stated as such). Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page on the website.

14.5 Where the Product's correct price is less than the price stated on our Site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

14.6 if the Product's correct price is higher than the price stated on our Site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. 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.

15. HOW TO PAY

15.1 You can only pay for Products using a debit card or credit card.

15.2 Payment for the Products and all applicable delivery charges is in advance.

16. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 16 only applies if you are a business customer.

16.1 We only supply the Products for internal use by your business, and you agree not to use the Product or Products for any re-sale purposes.

16.2 Nothing in these Terms limit or exclude our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) defective products under the Consumer Protection Act 1987.

16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

16.4 Subject to clause 16.2 and clause 16.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

17. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 17 only applies if you are a consumer.

17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.3 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 the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

18. EVENTS OUTSIDE OUR CONTROL

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause18.2.

18.2 An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, motor transport or other means of public or private transport.

18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract 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.

19. COMMUNICATIONS BETWEEN US

19.1 When we refer, in these Terms, to "in writing", this will include e-mail.

19.2 If you are a consumer:

(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 12 you must contact us in writing by sending an e-mail to Pro-Grow@veolia.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail. (b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by post to Pro Grow, Veolia ES (UK) Limited at 210 Pentonville Road, London N1 9JY.

19.3 If the Company has to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.

19.4 If you are a business:

(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.

(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.

(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

20. OTHER IMPORTANT TERMS

20.1 The Company may assign or novate the Contract and the rights and obligations under a Contract to another organisation and/or group company of the Company without the consent of the Customer but this will not affect your rights or our obligations under these Terms.

20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.5 If the Company fails to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. It is agreed that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

20.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

20.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).