Hine Garden Design Patch to Paradise
Our terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services and goods to you including our program ‘Patch to Paradise’.
1.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide services and goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Hine Garden Design Ltd, a company registered in England and Wales. Our company registration number is 12115215.
2.2 How to contact us. You can contact us by calling 07520 641 158 or by writing to us at Amber@HineGardenDesign.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address, social media platforms or postal address you provided to us.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we acknowledge receipt of your digital form and payment of the first invoice, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this and will not charge you.
4.1 When we will provide the service. During the order process, where possible, we will let you know when we will provide the service.
4.2 What will happen if you do not give required information to us. We will need certain information from you so that we can supply services (and any goods) to you, for example, we will need to know the size of the garden or design space and the details any pertinent matters relating to the property, such as any problems or matters concerning the boundaries or neighbours, any dispute issues or any other site problems or potential problems.
4.3 You will also need to confirm that the property is free of springs, covered wells, cavities, running sand, pipes, drains, wires, cables, foundations of former buildings, rock, tree stumps or other hazards or obstructions not discoverable on a visual inspection, or if it is not, then you need to tell us before we start providing the service so that we are aware. Where something of this nature is un-known and discovered during the process of designing or building the garden the project will take longer to make the additional suitable changes and you will be charged for that time or we may end the contract (and clause 7.2 will apply).
4.4 Where this information is know and you do not give us this information before we start providing the service, or if you give us incomplete or incorrect information, we may either end the contract (and clause 7.2 will apply) or the project will take longer to make the additional suitable changes and you will be charged for that time. We will not be responsible for supplying the services (and any goods) late, not supplying any part of them, or any loss or damage you suffer, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.5 If you are purchasing plants or goods. We will let you know when we are able deliver any plants or goods to you and will contact you to agree a delivery date. If you are not at home when the plants or goods are delivered. If no one is available at your address to take delivery, we will charge you for storage costs, further delivery costs and any other costs we may incur as a result of failed delivery. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 7.2 will apply.
4.6 We are not responsible for delays outside our control. Neither party shall be in breach or liable for delay in performing or failure to perform, any of its obligations under this contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (a Force Majeure Event). In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for two months, the party not affected may terminate the contract by giving 21 days' written notice to the affected party.
4.7 When you become responsible for any plants or goods. Any plants and goods will be your responsibility from the time we deliver them to the address you gave us.
4.8 When you own goods. You own any plants and goods once we have received payment in full.
4.9 We are not responsible for waste. Waste, such as plant pots, are not the responsibility of the designer to manage.
4.10 We may also suspend supply of the services (or any goods) if you do not pay. If you do not pay us when you are supposed to (see clause 9.2) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the goods or services until you have paid us the outstanding amounts.
5. Your rights to end the contract
5.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
5.1.1 If what you have bought is misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 8;
5.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 5.2;
5.1.3 If you have just changed your mind about the product, see clause 5.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
5.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 5.6.
5.2 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 below the contract will end immediately and we will refund you in full for any goods or services which have not been provided and you may also be entitled to compensation. The reasons are:
5.2.1 there is a risk that supply of the goods or services may be significantly delayed because of events outside our control; or
5.2.2 you have a legal right to end the contract if we are in breach of the contract.
5.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought off-premises 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.
5.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
5.4.1 customised, bespoke or personalised goods including bespoke design works, specimen plants and plant lists and their supply;
5.4.2 services, once these have been completed, even if the cancellation period is still running.
5.5 How long do I have to change my mind? You have 14 days after the day we have accepted your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
5.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 5.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
6. How to end the contract with us (including if you have changed your mind)
6.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
6.1.1 Phone or email. Call us on 07520 641 158 or email us at info@hinegardendesign.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
6.2 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
6.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, your refund will be made within 14 days of your telling us you have changed your mind.
7. Our rights to end the contract
7.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
7.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
7.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
7.1.3 you do not, within a reasonable time, allow us to deliver the plants or goods to you; or
7.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.
7.1.5 you do not respond to communications for 6 buisness weeks or more without notice in advance in writing, or if contract is not formally terminated a re-mobilization fee of 1 day minimum will be chargeable to progress the project further.
7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for services or goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7.3 We may end the contract by writing to you and giving you 21 days’ written notice if we would like to end the contract for any other reason.
8.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone 07520 641 158 or write to us at info@hinegardendesign.com.
8.2 Summary of your legal rights. We are under a legal duty to supply goods and services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
9.1 Where to find the fees and price. The fee for the service will be the fee indicated on your order form and the price for any goods will be the price indicated on your order form.
9.2 When you must pay. When you must pay depends on what product you are buying:
9.2.1 For goods, you must pay for any plants or goods before we order them for you.
9.2.2 For services, you must make an advance payment of up to 50% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have substantially completed them. You must pay each invoice within 7 calendar days after the date of the invoice.
9.3 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved, but once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
9.5 Sunset Clause. The program ‘Patch to Paradise’ lasts 6 consecutive weeks at the specific dates and times advertised. We expect to work with you until practical substantial completion of your project. However, we reserve the right to address our continued involvement in the project after the period of one year has elapsed from the date of engagement. It is possible that the price agreed, or the scope of our involvement, may need to be adjusted where projects extend past this time, we will inform you of this or we may end the contract (and clause 7 will apply). Our engagement with is not provided to you indefinitely at the price and scope agreed in our engagement process.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable (which includes waste germination). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods or services including the right to receive goods or services which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
10.3 Damage to your property. We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
10.4 We are not liable for business losses. We’re only supplying the service and plants/goods for domestic and private use. If you use the services or plants/goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.5 We are not liable for costs beyond that which we are paid. The total liability of the Designer in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the total sum payable by the Client to the Designer under the Contract.
10.6 Hine Garden Design are Garden Design Specialists only and you should seek appropriate expert advice in other areas.
10.6.1 Where we have carried out a survey, we have done so for the purposes of Garden Design only and not as a professional surveyor. If a survey is required a qualified surveyor should be appointed.
11. Intellectual Property Rights
11.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) shall be owned by us.
11.2 We grant to you a non-exclusive, royalty-free, perpetual licence to use the designs specifically and solely at the Property, but you shall not sub-license, assign or otherwise transfer these rights granted or use them for any other property.
11.3 CONTENT
11.3.1 Unless stated otherwise, the intellectual property rights and copyrights for all material displayed on our website and our social media platforms (and contained in the online courses and materials accessed via our and social platforms) are owned by us or our licensors. You may download and print extracts from our site (or from the online courses accessed through our website or social media platforms) for your own personal, non-commercial purposes. You should not use any extracts from our website or social media platforms for any other purposes. Any rights not expressly granted in these terms and conditions are reserved.
11.3.2 No part of our site or social media platforms may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.
12. How we may use your personal information
How we will use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website at www.HineGardenDesign/privacy-policy.com. Alternatively you can request a copy.
13.1 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. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services or goods not provided.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 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.
13.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods or services in the English courts.