Our Terms And Conditions
Welcome to the www.progrow.co.uk websites terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website. International Customers should take time to view terms and conditions relating to International delivery before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service team by e-mail; firstname.lastname@example.org or call us on +44 (0) 1392 276998 between 10am- 6pm GMT. Please note that all calls to Customer Services will be charged at the local rate (BT users only, other network charges may vary).
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
* You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
* We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from www.progrow.co.uk
* As your product is shipped from our warehouse we will send you a despatch confirmation email.
* Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order
Non-acceptance of an order may be a result of one of the following:
* The product you ordered being unavailable from stock.
* Our inability to obtain authorisation for your payment.
* The identification of a pricing or product description error.
* You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
Contract cancellation under the Distance Selling Regulations
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price provided that you have notified us in writing no longer than 7 working days after the day on which you receive the Products, and that you have taken reasonable care of the Products and not used them. Please follow the procedure set out in our Returns policy and procedures
Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty or not as described:
* Made to measure or personalised goods
* Perishable goods (such as flowers and food)
* Unsealed, nutrient solutions and additives, electronic equipment, software.
Please see our Refund policy for further details.
Description of products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions, images and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions and images appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
Shipping And Handling
We offer a UK, European and worldwide service.
When ordering from within UK or Europe:
Please take time to select the correct shipping zone for the delivery of your order taking note of the different zones within the UK and Ireland.
Pallet rates to Northern Ireland are based on 1 pallet up to 500kg with dimensions of 120 x 100 x 200 cm. Please be aware although your goods may weigh below 500kg their total volume may exceed the above mentioned dimensions, if this is the case you will be contacted and advised of a revised shipping cost.
When ordering from outside of Europe:
Orders shipped outside of the UK can only be sent to the address of the credit/debit card holder. Please take care when placing your order to make sure that you enter your details exactly as they appear on your credit/debit card and be certain that the delivery address details that you supply are the same address details that your credit/debit card is registered to.
Shipping costs are initially calculated by weight, however, if after packing the volumetric weight of your consignment is the higher value you will be charged for the volumetric weight. You will always be notified if your order is subject to volumetric weight charges. We endeavor to keep your shipping costs as low as possible. Volumetric weight of a parcel is calculated by multiplying the length, width and height of the parcel in cm and then dividing the total by 6000. This figure is the volumetric weight in Kilos.
All orders will be dispatched within 1-5 working days with 90% of orders being sent just 24-48 hours after processing. Special arrangements can be made if you need an order urgently. This includes early morning and Saturday deliveries.
If your item is not in stock, we will back order it for you. Goods are never out of stock for very long but you will always be emailed with the option to cancel your order if you would rather not wait.
All orders made from within the UK are subject to VAT currently charged at 20%.
Orders placed outside of the UK but within the EU are subject to VAT currently charged at 20% unless you are a business that can supply us with a valid VAT number.
VAT is not charged on orders placed from any other destination. (This includes non E.U European countries)
* Please note that non E.U countries within Europe are subject to a local custom surcharge of £21.75
* When ordering from outside of the U.K. please be aware of your own countries import duties as it is your responsibility to pay these.
Credit Card Security
Your credit card security is of the utmost importance to us. All online transactions are processed externally by Sellerdeck payments. They use PCI-DSS (Payment Card Industry data) Level 1 compliant software which is the standard set by card processing companies and major banks. Your credit card numbers are not held in clear text on our or ANY web site and we never see or have access to them. Sellerdeck Payments also use 3-D Secure which is an XML based protocol used as an added layer of security for online credit and debit card transactions. The 3-D Secure protocol was developed by Visa to improve the security of Internet payments and offered to customers as the Verified by Visa service. Services based on the protocol have also been adopted by MasterCard, under the name MasterCard SecureCod. If you have not registered your card with 3d secure you will simply be asked to create a password. Verified by Visa not only protects your card against unauthorised use, it also means you can have confidence that the online retailer you're buying from has made your security a priority. You can find out more about 3d secure here; http://www.visaeurope.com/en/cardholders/verified_by_visa.aspx . Payments are also screened with CVV, AVS and the 3rd Man, Europe's leading fraud screening service used by many leading retailers including Argos and Tesco.
Guarantees for consumer electronics products
We always honour the manufacturer's guarantee period where offered; these are usually one year unless otherwise stated. Please see individual product pages for details.
What does the guarantee cover?
Our guarantees provide full cover against mechanical breakdown through normal use. This means that if your item develops a fault during the guarantee period, we'll arrange for it to be repaired free of charge, including all parts and labour.
How does it work?
During the guarantee period, if your product develops a fault that needs to be repaired, look for visible signs of the breakdown and consult the fault-finding guide in the manufacturer's handbook, if any.
If that doesn't resolve the issue, please contact Progrow and talk to one of our staff. You'll need to provide us with details of your item, including the model number(if any) and date of purchase. You'll find all of this information on our original receipt - this acts as your guarantee, so please make sure you keep it safe. We will then send you a returns form, please see our Returns policy and procedures
What's not included?
There are some specific exclusions from our guarantees, as follows:
* Repair costs caused by external factors such as computer viruses, faulty software, fire, theft, and weather (including lightning damage)
* Accidental damage, for example if your item has been dropped. You may find that this type of damage is covered by your household contents insurance policy
* Consumables such as batteries, ink cartridges, storage media, fuses, light bulbs etc
* If the product has been used commercially or for business purposes.
* Data loss
* Any loss suffered as a result of not being able to use the product, or any loss over and above the purchase price of the original item
* Servicing, inspecting or cleaning of the product; and failure to follow the manufacturer's instructions and/or installation guidelines
* Deliberate damage or neglect of the product
* Please note that our guarantees provide services for goods bought and used in the UK, the Isle of Man and the Channel Islands
If we can't repair your item, we'll replace it with an item of equivalent specification. If no equivalent product is available we'll discuss an alternative settlement with you, and we'll always do our best to make sure that you're satisfied with the outcome.
30 Day Money Back Guarantee.
We want you to be completely satisfied with your purchase from Progrow. If you are not you may return it to us within 30 days of the delivery date. The item must be in its original unopened condition, and it should contain all of its original packing materials, printed manuals and accessories intact. On receipt of the item(s) we will issue a full refund for the price you paid for the item(s). Please note that we will only accept the return of opened items if they are faulty. We are unable to exchange items that are not damaged, faulty or have been sent in error.
Our Contact details are:
5 Westwood Units
Marsh Barton Trading Estate
Phone: 00 44 (0) 1392 276998
Fax: 00 44 (0) 1392 276998
Company Number: 5417657
5 Westwood Units
Marsh Barton Industrial Estate
Progrow are committed to your privacy and do not disclose buyers' information to third parties, Progrow fully comply with all applicable UK Data Protection and consumer legislation. When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password should you decide to open an account. Cookies are used on this shopping site to keep track of the contents of your shopping cart once you have selected an item.
We use your details for;
* Processing your orders;
* For statistical or survey purposes to improve this Website and its services to you;
* To serve website content and advertisements to you;
* To administer this website;
* If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
If you create a shopping account while ordering online you will be given the option to receive information from Progrow by e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing us at email@example.com or telephoning us on + 44 (0)1392 276998 between 10am and 6pm.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
All other use will be deemed in infringement of Progrow's copyright and subject to charge for illicit use as follows.
Charges for illegal use of graphics and images are £175 per day per image.
Charges for text £5.00 per word.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
* any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
* any loss of goodwill or reputation; or
* any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what John Lewis and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Returns policy and procedures:
Item(s) damaged in transit.
On delivery of your goods please take time to check over your package and its contents. If your goods have been delivered by a courier and the packaging or contents are damaged please sign for your delivery as 'damaged' and notify us of any damaged item(s) by telephone or email within 48 hrs, in this instance it is important to keep all packaging.
If the item(s) has been damaged in transit you can return it to us within 30 days of receipt for exchange. Please email us for a returns form and return it with the goods. We will exchange the item(s) as soon as we can.
Item is faulty.
You have the right to return a faulty item within a reasonable period of time. Keep all the warranty information that accompanies your purchase as this may be needed should there be a fault. In the unlikely event that you have a faulty item, you may find it quicker and easier to contact the manufacturer directly so that they can rectify the problem for you. Please note that HID lamps can only be returned as faulty within 30 days of receipt and must be returned in their original packaging. CFL lamps can only be returned as faulty within 14 days of receipt and must be returned in their original packaging. Please email us for a returns form which must be completed and returned with the item(s).
Item(s) sent in error.
If we have sent you an incorrect item(s) please email us and ask for a returns form. Send the item(s) back to us accompanied with the completed returns form and we will send you the correct item(s) as soon as we can. If you would rather cancel the item(s), tick 'cancel' on the returns form.