Open today from 09:00 until 17:00
  •  Click & Collect
  •  Experts since 2011
  •  Extensive Plant Range on Site

Terms & Conditions

Hortus Loci Ltd grow and sell quality plants and products of the highest quality to all our customers.

By accessing or using the Website or placing an order or otherwise indicating your consent, you agree to be bound by these Terms , our Cookie policy and Privacy policy and any associated documents referred to in them. Please read these Terms carefully before placing your order.

If you do not agree with or accept any of these Terms, you should stop using the Website immediately.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

These Terms do not affect your statutory rights as a consumer.

 

Definitions

“Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Website;

“Terms” means these terms and conditions of use as updated from time to time;

“Intellectual Property Rights” means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world);

“Cookie policy” means the policy Cookie Policy - Hortus Loci (hortuslocishop.co.uk) which governs how we use cookies in the Website;

“Privacy policy” means the policy Privacy Policy - Hortus Loci (hortuslocishop.co.uk) which governs how we process any personal data collected from you;

“Products, Goods” means items including but not limited to garden and house plants, garden tools, compost and other garden related products that are sold through the Website;

“Website” means the following website and all associated subdomains and web pages: http://www.hortuslocishop.co.uk

“HL, We, Us or Our” means Hortus Loci Limited (company number 06278640). Our registered office address is Ashcombe Court, Woolsack Way, Godalming, Surrey, United Kingdom, GU7 1LQ. Our registered VAT number is GB 913557815.

“Garden Centre” means Our principal place of business at The Plant Centre at Hortus Loci, Hound Green, Hook, Hampshire, RG27 8LQ

“You or your” means the person accessing or using the Website or its Content

“Business losses” means any loss of profit, loss of business, business interruption, or loss of business opportunity If you use the Products for any commercial, business or re-sale purpose.

"Fully Hardy" means plants that have been classified by the Royal Horticultural Society with a hardiness rating of H4 - H7 , corresponding to an ability to withstand a minimum temperature of -10 degrees celsius.  

Contacting Us

 

1. If you have any questions relating to these Terms or our online shop then please contact us by;

  1.  
  2. Telephone calls will be answered at the following times:
    • Monday - Saturday 09:00 - 17:00
    • Sunday 10:00 - 16:00

Where these Terms ask you to contact us, you can do so by post or by email to the address above. When we use the words “writing” or “written” in these terms, this includes email.

Use of the Website

 

  1. The Website is for your personal and non-exclusive use only. Provided you comply with these Terms, HL grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

  2. You may not use any "page-scraper", "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

  3. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

  4. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others.

  5. The Website is intended for use only by those who can access it from within the UK. If you choose to access the Website from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

  6. You agree that you are solely responsible for:

    • all costs and expenses you may incur in relation to your use of the Website; and

    • keeping your password and any other account details confidential.

  7. We may prevent or suspend your access to the Website if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

 

Ownership, use and intellectual property rights

 

1 This Website and all Intellectual Property Rights in it, including but not limited to any Content, are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any Intellectual Property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

2 Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to lawfully access the Website as intended and authorized by us.

 

Accuracy of information and availability of the Website

 

  1. While we try to make sure that the Website is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on this Website is at your own risk.

  2. We may suspend or terminate operation of the Website at any time as we see fit.

  3. You may have certain legal rights when using the Website (such as if the Online terms and conditions for the supply of goods apply to you). These are also known as 'statutory rights' as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of the Online terms and conditions of sale.

  4. Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

  5. While we try to make sure that the Website is available for your use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by you of the Website.

Stock Availability

  1. HL makes every reasonable effort to ensure that goods on the Website are in stock and available for collection. Stock levels shown on the Website are live and updated in near real time from our database. Stock is allocated to your order at the time of order confirmation. However, a high proportion of the stock we sell is live and therefore at times there may be a mismatch between listed and actual stock. We will always endeavour to contact you if an item you’ve ordered becomes out of stock or if the stock is not of the quality we endeavour to maintain. In these circumstances we will let you know when it is likely to come into stock.

  2. We may in our sole discretion from time to time vary the nature of the Goods from that are advertised without notice to you, so long as these variations are not material alterations.

  3. If we have insufficient stock to supply the Goods as ordered and paid for by you, we will confirm this to you by email as soon as possible. You will have the option to wait for the Goods to come into stock or to receive a refund of the price paid for such goods.

Product Descriptions

  1. We will make every reasonable effort to ensure that all details, images, descriptions and prices of products appearing on our Website are correct at the time when the relevant information was entered onto the system. However, we reserve the right to make corrections if we discover errors or they are brought to our attention. We will notify you if any significant changes affect your order. Please note that images of our products 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.

  2. Description of Plants: We will give you a clear description of the plants we sell. However, there are always slight variations in size, shape and colour between different specimens and illustrations and descriptions are approximate and for guidance only. There are also seasonal variations: deciduous plants will have seasonal discolouration in Autumn and will have no leaves in Winter. Flowers and berries: there is no guarantee that a plant will be in flower or berry at the time of delivery or that they will flower or berry in the year of delivery. Height of Plants refers to a likely height after ten years and this figure is for guidance only. Goods cannot be returned purely on the basis that the flower colour or other characteristics do not exactly match a particular illustration and description. We only accept orders on this basis.

Price

  1.  The price of the product (which includes VAT at the applicable rate) will be the price indicated on the order pages when you placed your order.
  2. Despite our best efforts, it is possible that some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

Payment

  1. Payment can be made through our secure on-line checkout system by credit or debit card or by using a PayPal account.

  2. We are unable to accept HTA (National Garden) gift vouchers as payment in our online shop but are pleased to receive them in our Garden Centre.

  3. We accept most major debit/credit cards. All goods must be paid for in full before the order can be confirmed. Goods remain the property of HL until payment is settled and the Goods are collected in full.

  4. We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from our Website unless this is solely due to our negligence.

Our contract with you – Orders for Goods

  1. When you place an order for Goods, your order is an offer to buy those products from us. When your order has been placed and paid for on the website, you will receive an email confirming the Goods you have ordered, and how much you have paid including VAT. It will also confirm your order number and your name and address details. It will also confirm the delivery method which at the present time is Click and Collect for collection from our Garden Centre only.

  2. That email does not confirm our acceptance of your offer to buy the product(s) you have ordered. Please check the details, especially that the delivery address, postcode, mobile number and email you provided are correct. You should notify us immediately at webshop@hortusloci.co.uk if you need to make any changes and we will let you know if those changes are possible.

  3. Your order is only accepted by us, and the contract of sale only comes into effect, when we send an e-mail notification to you that we have picked the goods for your order and that it is ready for collection.

Loyalty Cards

Loyalty card discounts can be applied to purchases in the Website according to the same conditions as for in-store purchases. The discounts are applied to prices of goods at checkout once a valid loyalty card number is entered in the relevant box. You can apply for a loyalty card through the Website or by visiting the Garden Centre in person.

Delivery and Collection Information

  1. As of the date of these Terms, all products ordered from the Website must be collected in person from the Garden Centre.

  2. A product which is Goods will become your responsibility from the time you collect the product from the Garden Centre.

  3. We will pick the goods from stock and inform you that the order is complete and ready for collection as soon as reasonably possible. We always aim to confirm within a few days but collection times are not guaranteed, especially during busy periods. We are not responsible for delays outside our control.

Refunds, Cancellations and Returns

  1. We are under a legal duty to supply products and services that conform with this contract. We hope that you are happy with your purchase from HL but should you wish to return an item or cancel your order then please read the below sections for more information on your rights. If you have any questions, then please contact us at webshop@hortusloci.co.uk.

  2. Defective Goods: If you have bought goods from us, for example plants, gardening equipment or compost, then the goods we supply must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, you have the following legal rights:

    • For up to 30 days from when you receive the goods: if your goods are faulty, then you can get a full refund.

    • 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.

    • Plants are perishable goods and your rights as a consumer do not fully apply. Plants may be returned within a period of 7 days for a replacement or refund.

  3. We will ask you to return the defective goods to us and this will usually be the case if they need repair.

  4. We will process your refund/repair/replacement once we have inspected the defective goods. For certain types of Goods, we may need to send them off to the manufacturer for inspection.

  5. Incorrect Goods: If you discover incorrect Goods in your collected order then you must inform us within a reasonable amount of time of you noticing the error. If you have received the wrong Goods, then we will ask you to return the Goods to us and we will either replace with the correct Goods or refund the price of the missing Goods. If you have received too few Goods then we will provide you with the additional Goods or we will refund you the difference between what you paid for and what you actually received.

  6. Cancellation: If you have bought goods from us and you wish to cancel your order, please contact us as soon as possible. Please note the following:

    • You may cancel within 14 days of receiving the goods. You do not need to give a reason for cancelling although we welcome your feedback.

    • You must inform us of your decision to cancel this contract by contacting us. You can do this by email to webshop@hortusloci.co.uk or bringing back the goods in person.

    • You may inspect your purchases by opening any packaging where applicable before deciding to return them. This allows you to check whether they are suitable. However, we may deduct a reasonable amount from your refund for any damage or wear and tear to the returned products.

  7. If you are entitled to a refund for Goods you have bought from us then we will make payment to the same payment method you used for your purchase.

Hortus Loci Plant Guarantee

  1. In addition to your above statutory rights, all Fully Hardy shrubs and perennials bought from Hortus Loci are guaranteed for one year from the date of purchase. If the plant dies within that period, return the plant or a picture of the plant to us along with your original order reference number and order confirmation. Once we’ve determined the cause of the problem, we will endeavour to replace it or refund you.

  2. Tender plants, or any garden plants that are not Fully Hardy, are not covered by the guarantee. This guarantee also does not include plants damaged due to lack of watering or lack of horticultural care on your part or where the care guidelines on the pot label have not been followed. We cannot be responsible for damage or death to plants from any naturally occurring pests and diseases.

  3. HL aims to provide plants of the highest quality to its customers and strives at all times to ensure plants supplied conform to the descriptions of colour, shape and size. Nevertheless, it must be recognised that plants are living and perishable items and which vary throughout the year according to season. Plants cannot be returned purely on the basis that the flower colour or other characteristics do not exactly match a particular illustration and description. There are always slight variations in size, shape and colour between different specimens and illustrations and descriptions are approximate and for guidance only

Your Personal Data

See our Privacy Policy at Privacy Policy - Hortus Loci (hortuslocishop.co.uk) for full details of how HL process your data.

Limitations of Liability

 

  1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses. This exclusion shall include, but not be limited to:
    1. losses that:
      • were not caused by any breach on our part
      • were not foreseeable to you and us when these Terms were formed; or
    2. business losses; and
    3. losses to non-consumers.
  2. If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Goods within a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.

 

Force Majeure

  1. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, extreme weather events, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

 

Disputes

  1. We will try to resolve any disputes with you quickly and efficiently.

  2. If you are dissatisfied with the products or service you have received from us, please contact us as soon as possible at webshop@hortusloci.co.uk stating clearly the reasons for your complaint. We will process your information as soon as reasonably practicable and attempt to resolve your dispute.

  3. If you and we cannot resolve a dispute using our complaint handling procedure, we will:

    • let you know that we cannot settle the dispute with you; and

    • consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.

  4. If the dispute cannot be settled through these means and you wish to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

  5. Relevant United Kingdom law will apply to these Terms.

 

 

Other important terms

  1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract between us.

  2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under the contract between us to another person if we agree to this in writing. However, you may transfer our plant guarantee to a person who has acquired the plant from you. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

  3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in the previous paragraph in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

  4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

  5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

These Terms were last updated 18 August 2023.