Terms and Conditions
THE PLANTS THEMSELVES
We are a commercial grower, Hot Plant Company is just the online retail side to the nursery but the main part of the business is growing plants for other nurseries, garden centers and online retailers. They are commercial quality, they are not gift/ present quality. Gift quality plants can be found on other sites that specialize in selling gift quality plants in fancy pots and baskets with bespoke funny cards and the such like at a premium price. They can also be found by visiting a local garden center.
We propagate and grow a large range of rare and unusual plants as well as some more common varieties and we do sell plants out of season. We are not like a garden center where they only put out plants that are looking good and in season. This means that if you order a Summer dormant plant in Summer then it will be dormant and just look like a pot of compost. If you order a deciduous tree in late Summer to late Autumn the leaves may be going yellow, red, orange or gold, getting tatty and dropping of. If you order a deciduous tree in Winter it will turn up looking like a dead stick. Most of this is common sense but feel free to message us to ask if the plants are looking good at the time of ordering.
Due to the high turnover of a commercial nursery we do not show photos of the actual plants for sale as sizes and quality can literally vary from day to day, week to week. The photos on the eBay description usually show mature plants and how your plants will turn out. We will happily take photos of the actual plants on request if time allows. Most plants are well rooted in their pots but this we will not guarantee. On the rare occasion they may only have been recently potted on from their plug trays.
Some plants may arrive as bare stems or with little leaf, this usually occurs during the Winter as the plants are dormant but it can happen during the growing season as we regularly have to hard prune through the season. If we do not the plants just get tall and leggy as they are grown in close proximity to each other. From time to time we have to cut back to encourage new bushier growth at the base. This usually only takes a week or two and new growth is generally vigorous.
On rare occasions, we may run out between batches of stock on some plants and we will inform you and refund as soon as we notice. This may not be until we go to pack your order which can be up to 5 + days after you place your order.
If plants have arrived in poor condition through transit delays or miss-handling we ask you to follow the enclosed potting on/ planting out instructions and allow two weeks for the plants to start to recover, if they do not start to recover and show signs of fresh new growth within that time then please email us with a photo and we will happily send replacements. Obviously dormant plants will not recover until their growing season arrives so we are happy to guarantee regrowth on them for longer.
All plants are packaged in cardboard boxes, wrapped in paper and usually packed out with paper. Over the many years of sending plants by post this has been one of the most effective, eco friendly and cheapest (allowing us to keep our prices down) packaging techniques we have used but we are dealing with fragile plants, Some damages do occur. Most of our plants are fast growing and will recover quickly. Some plants may be cut back for shipping if we know they are likely to get damaged in transport.
SALE OF GOODS & SERVICES
These conditions shall apply to all contracts for the sale of goods or supply of services by Hot Plant Company. to the Customer to the exclusion of all other terms and conditions including any terms and conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
All orders for goods or services shall be deemed to be an offer by the Customer to purchase goods or services pursuant to these conditions. Acceptance of delivery of the goods shall be deemed conclusive evidence of the Customers acceptance of these conditions. Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Hot Plant Company Ltd.
The display of goods on the Hot Plant Company website amounts to an invitation to treat only and is not an offer to sell goods or products at any price indicated. No contract will be deemed to exist between the Customer and Hot Plant Company unless confirmation has been sent by Hot Plant Company and payment has cleared. Hot Plant Company are free to withdraw from any prospective contract prior to acceptance. This also applies in the case of any error or inaccuracy in the price and description of any goods.
All orders must be paid for in full prior to dispatch.
PRICE & DELIVERY
All prices quoted are in Great British Pounds (GBP) and are inclusive of 20% VAT. If you are based outside the EC, VAT is not applicable to you. Hot Plant Company will be delighted to quote for export packing, freight and insurance to any overseas destination but reserves the right, with prior agreement of the client, to charge any additional charges to the client’s credit card should the shipping charges subsequently exceed the original quotation. Payment for said shipping/export is required to be made and funds cleared prior to the release and shipping of products. Export quotes are valid for a period of 30 days.
DAMAGE TO GOODS IN TRANSIT
Damage must be notified in writing within 24hours of the date of delivery. If clients are not able to fully check products on receipt, the carrier’s documentation should be endorsed ‘unexamined’. In the event of damage of the whole or part of the consignment, the Customer must notify Hot Plant Company within 24 hours of date of dispatch. Failing such notification the Customer shall be liable for the value of the consignment in the event that the carrier will not accept any claims.
REJECTION OR NON ACCEPTANCE OF GOODS
The Customer shall return to Hot Plant Company at the expense of the Customer any goods ordered by him which he seeks on any ground whatsoever to reject or refuses to accept. If he shall fail to do so, the Customer shall not be entitled to reject (or refuse to accept) such goods. The Customer shall be liable for any loss of or damage to the goods taking place whilst in the possession of the Customer or in the course of their return to Hot Plant Company Showroom address. The return of the goods to Hot Plant Company shall not in itself entitle the Customer to reject them and shall not affect Hot Plant Company rights defined by the Consumer Transaction Restrictions on Statements Order 1976. The statutory rights of the Customer are not affected by these conditions.
CANCELLATIONS, REFUNDS & RETURNS
For sales online to private consumers via the Hot Plant Company website and orders taken by any other distance method the Customer may, under certain circumstances, have a right to cancel under the Consumer Protection (Distance Selling) Regulations 2000. If the goods are stock items and not bespoke or specially made to order then the Customer can cancel the order and return goods to Hot Plant Company Ltd within 7 working days starting from the day of delivery. Non Faulty goods must be returned to Hot Plant Company at the Customer’s expense, be unused and undamaged. The Customer shall be responsible for any damage caused in transit during return and should ensure adequate insurance. Upon safe receipt of the goods a refund will be issued to the Customer’s account which will include the original cost of delivery. Customers wishing to return items must immediately notify us in writing by e-mail to email@example.com. We do not accept returns on plants, these are classed as perishable and are not covered by standard distance selling regulations.
The above right to cancel does not apply to any goods made to customer’s specifications or bespoke items.
If any items purchased, stock or bespoke, are damaged or faulty the Customer must notify us immediately so that we may investigate and attempt to remedy the situation in accordance with the Sale of Goods Act and without affecting your statutory rights.
Due to the hand crafted/ grown nature of many of our products, size, colour and texture may vary slightly. All specifications, drawing and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in the Hot Plant Company website, catalogues, price lists and other advertising material are intended to present a general idea of the goods described therein.
ARTISTIC INTERPRETATION. Hot Plant Company reserves the right to allow its artists ‘artistic license’. The artist will always try and paint to the Customer’s requirements but exact replicas cannot always be guaranteed and are thus not grounds for non acceptance of products.
Until Hot Plant Company has been paid in full for goods, property in such goods shall remain Hot Plant Company Ltd, although risk passes to the purchaser at time of delivery.
The Customer acknowledges that his/her order is not placed with Hot Plant Company and that he/she has not entered into any contract with Hot Plant Company in reliance on any representation made by Hot Plant Company or on its behalf save only such representation (if any) as has been notified in writing to Hot Plant Company
Hot Plant Company Ltd as being a representation on which reliance is placed. All specifications, drawing and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in the Hot Plant Company website and other advertising material are intended to present a general idea of the goods described therein, and none of these shall form part of the contract. Hot Plant Company reserve the right where necessary to supply items of similar quality but differing design and appearance to that shown on the website.
All goods are held at our warehouse at the owners own risk. Storage may be charged at Hot Plant Company discretion.
Hot Plant Company' liability in terms of these Conditions is in lieu of and to the exclusion of all other warranties, conditions or obligations expressed or implied whether statutory or otherwise in relation to the quality or description of the Products or their fitness for any particular purpose or in relation to sales by sample. Hot Plant Company' liability (howsoever arising and including any liability for any indirect or consequential loss) shall not under any circumstances exceed the price payable to Hot Plant Company for the Products hereunder. The above restrictions are necessary to enable the Products to be sold at the prices specified in this agreement.
The customer shall indemnify Hot Plant Company against all claims for personal injury, loss or damage to property brought against Hot Plant Company by third parties in respect of the Products unless such injury, loss or damage is solely attributable to the negligence of Hot Plant Company, its employees or agents.
If the Customer makes default in or commits any breach of any of the Customer’s obligations or if any distress or execution is levied upon the Customer, the Customer’s property or assets or if the Customer makes or offers to make any arrangement or composition with creditors or commits any act of bankruptcy, or if any petition or receiving order in bankruptcy is presented or made against the Customer, or if the Customer is a limited company and any resolution or petition to wind up such company is passed or presented (otherwise than that for reconstruction or amalgamation) or if a receiver or such company’s undertaking property or assets thereof is appointed, then Hot Plant Company shall (without prejudice to any claim or right it might otherwise make or exercise) have the right forthwith to determine the contract by summary notice.
Hot Plant Company will make every effort to carry out the terms of any contract entered into, but if such performance is not reasonably possible by reason of any case whatsoever beyond the reasonable control of Hot Plant Company and in particular but without prejudice to the generality of the foregoing: Act of God, war (whether declared or not), sabotage, riot, explosion, governmental control, restriction or prohibition, or any other Governmental act of omission whether local or national, fire, accident, earthquake, storm, flood, epidemic, drought or other natural catastrophes, inability to obtain or shortage of equipment, suitable raw materials, components, fuel, power, or transportation, disputes with workmen, strikes or lockouts, or shortages of labour, then Hot Plant Company reserves the right to modify the terms of or cancel such contract without consequent liability for loss or damage so caused.
VAT is charged and collected at the point of sale, at the UK rate of 20%, for goods being delivered to a UK address or another EC Member State. Where goods are for Export to a non EC Member State, if Hot Plant Company is organising the Exportation and can thus be guaranteed proof of Export then the goods can be sold ex vat. If the client is shipping their own goods then Hot Plant Company will refund the VAT on production of a valid VAT form. These are available at the sales desk for completion by the Customer at the time of sale. Exceptions to the above are EU/EEC clients who produce a valid VAT Registration Number.
Hot Plant Company shall retain the copyright and all other intellectual property rights in respect of the designs and goods to be sold, including the copyright of the designs, drawings and paintings appearing on the goods. The Customer shall not copy or reproduce in any form such goods (or parts thereof) or such designs, drawings and paintings appearing thereon (except to the extent that Hot Plant Company shall copy at the request of the Customer a work, the copyright of which belongs to the Customer or any other party). In any case where the Customer shall request Hot Plant Company to copy or reproduce a design or other work supplied by the Customer, the Customer confirms, undertakes and warrants that the copying or reproduction of such works does not infringe copyright or other intellectual property rights of any other parties, that the Customer is lawfully entitled to commission a copy or reproduction of such work and that the Customer shall indemnify and keep indemnified Hot Plant Company against all losses and liabilities incurred by Hot Plant Company pursuant to or arising out of claims by other parties that their copyright or other intellectual property rights have been infringed by such copying or reproduction. Where the goods are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions. The Hot Plant Company website and its content are copyright of Hot Plant Company Ltd. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than by downloading to a local hard disk extracts for your personal and non commercial use only. Distribution or commercial exploitation is not permitted without Material Concept's consent.
GOVERNING LAW AND JURISDICTION
The contract shall be governed by the laws of England and Wales and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.