Terms & Conditions

Terms & Conditions

These Terms should be read in conjunction with our Privacy Policy and Legal Notice .

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 Site 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 06/11/23.

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” and/or “we” means Veolia ES (UK) Limited registered in England with company number 02481991 with registered address at 210 Pentonville Road, London, N1 9JY.

"Product" and/or "Products" means the range of products sold by the Company on our Site

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

2.INFORMATION ABOUT US

2.1 We operate our Site. 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 email 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 email, then your cancellation is effective upon the successful transmission of the email, provided that no delivery failure or bounce-back notification is received. If you send us your cancellation notice by post, then your cancellation is effective three (3) business days after the date of posting. 

(c) If you wish to contact us for any other reason, including because you have any complaints, you can email 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 emailing 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 these Terms . By placing your order and making payment through our Site you have entered into a Contract with Veolia for the provision of the fulfilment of Products. It is important you read these Terms carefully before ordering any Products through our Site because they govern our relationship with you in relation to your purchase. Please understand that if you refuse to accept these Terms, you will not be able to order any Product(s) from our Site. You may have other rights granted by mandatory law, and these Terms do not affect these except if the two are inconsistent. If this is the case then these Terms will override any other rights which you may have, unless this is not permitted by law.

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 Legal Notice 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, Legal Notice.

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 before confirming it. You are responsible for ensuring that your order is complete and accurate.

8.2 After you place an order, you will receive an email 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 United Kingdom. Our Site is solely for the promotion of our Products in the United Kingdom. Unfortunately, we do not deliver to addresses outside the United Kingdom.

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.

 

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 by post by writing to 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, see clause 18;

(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 email 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 Site. If you use this method we will email 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 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 email then your cancellation is effective upon the successful transmission of the email, provided that no delivery failure or bounce-back notification is received.  If you send us your cancellation notice by post, then your cancellation is effective three (3) business days after the date of posting.

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

12.8 If the delivery was attempted and the customer did not have proper access to receive the goods as indicated in our delivery instructions:

(a) then you must cover the transport charges for the attempted delivery. We will refund you the Product cost only.

(b) a new delivery can be organised which will incur new delivery charges 

13. DELIVERY

13.1 All deliveries of our Products shall be subject to the terms outlined in our Delivery Policy. By agreeing to these Terms, you acknowledge that you have reviewed and understood the Delivery Policy and agree to abide by its provisions.

13.2 The costs of delivery will be as displayed to you on our Site at checkout, except where the delivery cost is included in the Product cost (as a delivered price). For clarification of the delivery cost to your location, please contact us at Pro-Grow@veolia.com prior to ordering.

13.3 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 email 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.

13.4 Delivery will be carried out by the Company or by a third party delivery service engaged by the Company. We will provide a tracking number for you to track your delivery along with contact details for the third party haulier that will be delivering your consignment. On the day of delivery, you may call the haulier to request an estimated time of arrival (this may be AM or PM only, or could be a two hour window).

13.41 Bulky bags and small bags are transported on a pallet and delivered to your door by a 7.5 tonne (rigid vehicles) or 18 - 26 tonne lorry (articulated vehicles). The pallets are unloaded from the lorry using a pallet trolley. If you are purchasing Pro-Grow Products, clear, unobstructed  access will be required for these vehicles and please be aware that the pallet trolley cannot travel across uneven surfaces (e.g. gravel) or on a slope. We will try our best to put the bag where you need it but WE MAY ONLY BE ABLE TO DELIVER IT TO THE KERBSIDE. Our Products are delivered within 5 - 7 working days between 9am to 6pm. If you have any concerns regarding your delivery, please contact Pro-Grow@veolia.com where you will be asked to provide the full delivery address, photos of site access and details of your delivery concerns. These details will be sent to our third party haulage company who will review and confirm whether they can or cannot deliver (Please review our privacy policy). This should be done prior to you placing your order.

13.4.2 You need to make sure you have good access to receive the pallet. Good access means there are no obstructions and the area is even, smooth and/or comprises hardstanding.  Pallets are UK standard sizes 1000mm x 1200mm, 9-block, with a full-perimeter base and 4 ways. We will not be able to deliver if the pallet is to be offloaded onto gravel, stone or an uneven surface, the pump truck or lorry has to go on a slope, there are obstructions such as trees, cables, narrow lanes, farm tracks or the pallet has to be lifted over a kerb.

13.4.3 If you live in a countryside lane please mention in the field named 'delivery instructions'. Also please advise us if you require a smaller 7.5t lorry to deliver your goods. (dimensions of a 7.5t vehicle are: full length 30 feet x Width 7.5 feet x Height is variable up to 13 feet).

13.4.4 If you do not state that you have  good access as requested in the delivery instructions and the driver attempts the delivery, the transport costs will be charged to you (see clause 14)..

13.4.5 If no one is available at your address to take delivery, we will leave the pallets in the safest place. It may be kerbside.

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, this is your responsibility to obtain prior to placing your order;

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 Once the Product has been unloaded from the vehicle and delivered to the address given, the Product becomes your responsibility. This includes when the Product is left at the kerbside. We take no responsibility for the safety of the Product once delivered to the specified address. If you are not in, or cannot be contacted at the time of delivery, the pallet may be left in a safe place. If you need the Products to be left in a specific place you must let us know using the “delivery instructions” box at checkout or by emailing pro-grow@veolia.com.

14. PRICE OF PRODUCTS AND DELIVERY CHARGES

14.1 The prices of the Products will change 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 or contact Pro-Grow@veolia.com.

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 unmistakable 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.

14.7 You will be charged for all ATTEMPTED deliveries if you do not provide detailed information regarding specific delivery requirements, or if delivery is deemed impossible due to your failure to read and follow the  Pro-Grow’s delivery information and restrictions.

14.8 You will be liable for re-delivery charges and attempted delivery charges, prices of which start from £45 + VAT.

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 resale 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 for resale 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 clause 18.2.

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, pandemic, 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 email.

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 email, then your cancellation is effective from the date you sent us the email.

(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 Site.

(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 email, one Business Day after transmission; or, if posted on our Site 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 email, that such email was sent to the specified email 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 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 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).

21. Applicability of PAS 100 Terms 

21.1 PAS100, governs the quality standards for composted materials. Terms and conditions for the supply of PAS100 certified products shall apply to the purchase of Pro Grow  soil conditioner products.. By proceeding with the purchase of  soil conditioner, you acknowledge and agree to adhere to the provisions outlined in the PAS 100 Terms . For all other Products, please refer to the relevant Terms.