Terms of supply of goods and services and membership subscription
These Terms will apply to any contract between us for the sale of Goods and Services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Goods or Services from our site. 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 Goods or Services from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out below. Every time you wish to order Goods and Services, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information About Us
1.1 We operate the website www.hta.org.uk. We are The Horticultural Trades Association, a company registered in England and Wales under company number 00169606 and with our registered office at Horticulture House, Chilton, Didcot, Oxfordshire, OX11 0RN. Our VAT number is GB200 437 028. We are a company limited by guarantee.
1.2 Contacting us if you are a consumer: To cancel a Contract in accordance with your legal right to do so as set out below, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com or contact the HTA Services by telephone on 0333 003 3550.
If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning the HTA Services team at 0333 003 3550 or by e-mailing us at firstname.lastname@example.org.
If we have to contact you, we will do so by e-mail to the e-mail address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning the HTA Services team at 0333 003 3550 or by e-mailing us at email@example.com.
2. Our good and services
The images of the Goods and Services on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods on offer or the digital content to be downloaded or other imagery related to the Services available.
3. Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. If you are a consumer
If you are a consumer, you may only purchase Goods or Services from our site if you are at least 18 years old.
6. If you are a business customer
6.1 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 Goods or Services.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between us
7.1 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 page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order and we will assign you an order number. However, please note that this does not mean that your order has been accepted.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms the order details – the Goods, the Services information, the membership subscription details, the tickets being allocated, or digital content that is available to download (“Confirmation”). The Contract between us will only be formed when we send you the Confirmation.
7.4 To apply for membership subscription, you will need to complete the online application form on the site and pay the joining fee by debit or credit card and sign up to the membership subscription by direct debit. Please refer to HTA Articles of Association for more information about our membership terms and conditions.
7.5 If we are unable to supply you with the particular Goods or Services, for example because those Goods are not in stock or Services are no longer available or because we cannot meet your requested delivery date or because of an error in the price, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods or Services, we will refund you the full amount including any delivery costs charged as soon as possible.
7.6 During the order process, we will let you know when we will provide the Goods or Services to you. If the Services are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the Contract.
8. Our right to vary these terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Goods or Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances changes in relevant laws and regulatory requirements.
If the products are Goods:
9.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Confirmation.
9.2 If no one is available at your address to take delivery, we will leave you a note that the Goods have been returned to our premises, in which case, please contact us to rearrange delivery.
9.3 Delivery of an order shall be completed when we deliver the Goods to the address you gave us and the Goods will be your responsibility from that time.
9.4 You own the Goods once we have received payment in full, including all applicable delivery charges.
Clauses 9.5-9.7 only apply if you are a consumer.
9.5 If we miss the 30 delivery deadline for any Goods then you may cancel your Order straight away if any of the following apply: We have refused to deliver the Goods; delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or you told us before we accepted your order that delivery within the delivery deadline was essential.
9.6 If you do not wish to cancel your order straight away, or do not have the right to do so under the above clause, 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.
9.7 If you do choose to cancel your order for late delivery under the clauses above, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods 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 Goods and their delivery.
If the products are a one-off purchase of digital content:
9.8 We will make the digital content available for download by you as soon as we accept your order.
If the products are for membership subscription, ongoing Services (training or e-learning) or subscription to receive Goods or digital content:
9.9 We will supply the membership subscription, ongoing Services, Goods, or digital content to you until the membership ends in accordance with the HTA Articles of Association, Services are completed, training has been provided, or the subscription expires (if applicable) or either party ends the Contract as set out in these Terms.
9.10 If you do not allow us to access your property to perform the Services (e.g. provide training services) as arranged and you do not have a good reason for this, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the Contract.
9.11 Once a user has registered as an e-learner and a place has been allocated on a course, the user will have access to the course for 12 months, the course cannot be transferred or substituted to someone else.
10. Your Consumer Right of Return and Refund
This clause only applies if you are a consumer.
10.1 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. 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 a Service or keep any of the Goods ordered, 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.
10.2 Your legal right to cancel a Contract starts from the date of the Confirmation. 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 item (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 item.
Your Contract is for either of the following:
- one item which is delivered in instalments on separate days.
- multiple items which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the item or the last of the separate items ordered.
Your Contract is for the regular delivery of a item over a set period.
The end date is 14 days after the day on which you receive the first delivery of the items.
Your Contract is for digital content or streaming
The end date is 14 days after the day we email you Confirmation. If we deliver digital content immediately, and you agreed this on ordering, you do not have the right to cancel.
Your Contract is for learning (HTA Academy)
The booking form constitutes a legally binding agreement. HTA or its partners cannot be held responsible for the non-arrival of booking information. If you have not heard from us within 14 days, please contact HTA Services on 0333 003 3550 or e-mail firstname.lastname@example.org.
Payment of fees: Course fees are quoted exclusive of VAT which will be added to the invoice at standard rates. Payment can be made by BACS or credit/debit card. Invoices must be paid within 30 days of receipt of the invoice and payment must be received before the commencement of the training.
Cancellation by attendees: All cancellations must be made in writing and will incur a £25 administration charge. Cancellations less than 14 days prior to the commencement of the course will still incur full payment, although substitutions can be made up to 24 hours before the course commencement.
Access and dietary needs: Please notify us when booking of any special access or dietary needs that delegates require.
Cancellation of training by HTA: HTA reserves the right at any time to cancel the training. In the event that HTA cancels or postpones the event, liability will be restricted to the delegate fees paid and HTA will not be responsible for transport, accommodation or other costs incurred by delegates.
Data Protection: In order to process your booking your details will be added to the HTA database, these details will also be used to keep you up to date with relevant details of our services and other training products. If you do not wish your details to be used for this purpose please email email@example.com.
Refer to the HTA Articles of Association
10.3 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 e-mail us or contact our Customer Services team. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date/time you send us the e-mail.
10.4 If you cancel your Contract we will:
- Refund you the price you paid for the Goods or Services. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the items, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods/Services and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. Also, an administration charge will apply for cancelling workshop attendees under 14 days from delivery of the workshop.
- 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).
- Make any refunds due to you as soon as possible and in any event if you have received the Goods or Services and we have not offered to collect it from you: 14 days after the day on which we receive the Goods or Services back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods or Services back to us.
10.5 If you have returned the items to us under this clause because they are faulty or mis-described, we will refund the price in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.6 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay, we may refund you in vouchers.
10.7 If any Goods or Services have been delivered to you before you decide to cancel your Contract 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. Unless the Goods are faulty or not as described you will be responsible for the cost of return.
10.8 You do not have the right to change your mind, as follows:
- Digital products that you have started to download or stream;
- Services, once these have been completed, even if the cancellation period is still running;
- Tickets for events, once the event has occurred, even if the cancellation period is still running.
11. Our rights to end the contract
11.1 We may end the Contract at any time by emailing you if you do not make any payment to us when it is due or when it is due after a reminder; you do not, within a reasonable period of time of us asking for it, provide us with the necessary information to provide the Goods or Services; you do not, within a reasonable time, allow us to deliver the Goods to you; or you do not, within a reasonable time, allow us access to your premises to deliver the Services.
11.2 If we end the Contract in the circumstances above, we will refund you any money paid in advance for Goods or Services (save for membership subscription – refer to clause 11.3) not provided but we may deduct a reasonable compensation for the net costs we will incur as a result of breaking the Contract.
11.3 We may end the membership subscription in accordance with the HTA Articles of Association.
11.4 We reserve the right to cancel or alter the training Services to an equivalent standing. If we cancel any event or postpone it, then we will only be liable to pay for the fees of the course and not for any transport, accommodation or other costs incurred by you in advance.
11.5 We may also end the Contract in accordance with any other additional terms set out in respect of particular Goods or Services as notified to you before you order the Goods or the Services.
12 . Price and delivery charges
12.1 The prices will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
12.2 Prices may change from time to time, but changes will not affect any order you have already placed.
12.3 The price 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 Goods or Services in full before the change in VAT takes effect.
12.4 The price does not include delivery charges (if applicable). Our delivery charges are as advised to you during the check-out process, before you confirm your order.
12.5 It is always possible that, despite our reasonable efforts some of the Goods or Services on our site may be incorrectly priced. If we discover an error in the price for items you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the items 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 by email. If we mistakenly 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 cancel supply of the Goods or Services and refund you any sums you have paid.
13. How to pay
13.1 You can only pay for Goods or Services using a debit card or credit card. We accept the following credit and debit cards: Mastercard and Visa. You can only pay membership subscription by direct debit.
13.2 For Goods: You must pay for the Goods before we dispatch them or email you (for example, tickets). For digital content: You must pay for the Goods or Services before you download them. For Services (for example training): You must pay us according to the booking instructions on our site. For membership subscription: You must pay us according to the online application form and the HTA Articles of Association.
14. Our liability if you are a business
This clause only applies if you are a business customer.
14.1 We only supply the Goods or Services for internal use by your business, and you agree not to use these for any resale purposes.
14.2 Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
14.3 Subject to this clause, 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: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
14.4 Subject to this clause, our total liability to you in respect of all 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 100% of the price of the Goods or Services in question.
14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods or Services. 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 Goods or Services are suitable for your purposes.
15. Our liability if you are a consumer
This clause only applies if you are a consumer.
15.1 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.2 We only supply the Goods or Services for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 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 defective products under the Consumer Protection Act 1987.
16. Events outside our control
16.1 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.
16.2 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, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you; and 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 to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant items you have already received and we will refund the price you have paid, including any delivery charges.
17. Other important terms
17.1 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.
17.2 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.
17.3 If we fail 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.
17.4 These Terms 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.
17.5 The parties 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).