Terms and Conditions

1. Who are we and our contact details

1.1. We are Planty London Ltd. We’re a company registered in England and Wales.

1.2. You can get hold of us by emailing us at hello@planty.uk

2. What do these terms do, and why are they important?

Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including:

• how we will provide you with the goods that you have ordered
• our payment terms and delivery times
• the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
• what you should do if there is a fault with the goods that we have provided to you, and
• how we will use your personal details as well as other matters.

2.1. We only sell our goods in the UK.

3. Your personal information

3.1. For information about how we collect and use your personal information, please see our general privacy notice.

4. Order Process and the Contract between you and us

4.1. When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods to you ,which we will usually communicate by email. If we tell you that we cannot provide the goods to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods, and we have already received payment from you, then we will promptly refund you for any goods that we cannot provide to you.

5. About the goods

5.1. Any descriptions or images of the goods and the packaging in which they are provided, which are set out on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.

5.2. If we provide any advice to you, including in any instructions or manuals provided to you with the goods or packaging, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions. 5.3. You will be responsible for the goods and packaging from the point at which we deliver them to you.

5.4. You will only own the goods once we have received full payment for them.

5.5. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

5.6. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

6. Changes to goods

6.1. If you would like to make a change to the goods for which you have already placed an order, please contact us as soon as you can. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request. 6.2. In some circumstances, we may need to make minor changes to the services that you ordered. As these are minor changes and will not affect your use of the services we will not usually contact you about these. These minor changes are likely to be:

6.2.a. because we need to update the goods to implement a change in the law or a regulatory requirement; and/or

6.2.b. because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods.

6.3. It is possible that, exceptionally, we may need to make a more major change to the goods. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 15.1 (cancellation terms) of these terms and conditions will apply.

7. Payment details

7.1. The price of the goods will be the price set out on our website at the time when you place your order.

7.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract section 15.1 of these terms and conditions will apply).

7.3. Any costs for delivery of the goods and any costs for installation of the goods and other costs associated with the goods will be the amounts that were set out to you in the order process on our website.

7.4. When you need to pay us depends on whether the goods are one-off or provided on a subscription basis:

7.4.a. For one-off goods, you must pay for them before we deliver them to you;

7.4.b. For subscriptions to goods you must pay weekly, bi-weekly or monthly, in advance.

7.5. We accept payment by credit/debit card.

7.6. We may offer new and/or existing customers special offers from time to time. We reserve the right to terminate or modify discounts at anytime without prior notice and at our sole discretion.

8. Delivery and collection of goods

8.1. Whilst you are placing your order, you will be able to select the delivery date when you want the goods to arrive.

8.2. We will contact you if we are delayed in delivering the goods to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods that you have paid for but not yet received.

8.3. If no one is available to take delivery of them when we try to deliver them to you, then you will receive a note about how to re-arrange delivery and/or how to collect the goods. If you then do not re-arrange delivery of the goods or collect them from the place specified in the note, we will contact you for instructions about what to do next and we may charge you for the storage costs we incur during this period as well as any further delivery costs in respect of a re-arranged delivery. If after this, we are still unable to re-arrange the delivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 16.2 below will apply.

9. Suspension

9.1. If something happens that means we must suspend the supply of the goods to you, for example:

9.1.a. to make minor technical adjustments or to resolve technical issues;

9.1.b. to update the goods to implement a change in law or any relevant regulatory requirement, then we will contact you to let you know.

9.2. We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods , your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.

9.3. If we are going to suspend the supply of a good for more than a week then you may contact us to cancel the order. We will provide you with a refund for the relevant good for which you have made payment, but have not yet received.

10. Responsibility for and ownership of goods

10.1. You will be responsible for goods from the point at which we deliver the goods to you, or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us.

10.2. You will only own the goods once we have received full payment for them.

11. Your obligations

11.1. We will inform you during the order process of information that we need from you in order to provide you with the goods.

11.2. If you don’t provide us with this required information in a reasonable time, or if the information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 16.2 will apply), or we may charge you for the additional costs that we incur as a result.

11.3. If you don’t give us the required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods, or if we do not provide any part of them to you.

12. If there is a fault with the goods

12.1. We hope that you are satisfied with the goods that we have supplied to you, but if there is a fault with them, then please contact us using the details set out in section 1.

12.2. We must provide goods to you that meet your consumer rights.

12.3. This section 12.3 provides you with a summary of your consumer rights if there is a fault with the goods that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.

12.4. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 14.

13. Our liability if you suffer loss or damage

13.1. If we do not comply with any section of these terms and conditions, or if we do not use reasonable care and skill in providing the goods to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is ‘foreseeable’ if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.

13.2. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods (a summary of which is set out in section 12.3) or for providing you with defective items under the Consumer Protection Act 1987.

13.3. If we provide any advice to you, including in any instructions or manuals provided to you with the goods, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.

13.4. We only provide goods for private and domestic use. We do not provide them for business or commercial use. If you do use the goods for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.

14. Cooling-off period and your right to cancel the contract during it

14.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 15 below.

14.2. When you buy goods from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 14.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 14.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.

14.3. The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on how you have ordered goods. It is also subject to certain exceptions that are set out in section 14.4 below. You can calculate the cooling-off period as follows:

14.3.a. For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;

14.3.b. For goods that have been ordered together but that are delivered to you separately on different days, then you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;

14.3.c. For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel the contract.

14.4. If any of the following circumstances applies to the goods that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods because you have changed your mind:

14.4.a. if the goods have been personalised or made to your specification;

14.4.b. if the goods that you have ordered are sealed for health or hygiene reasons and you have broken the seal on them;

14.4.c. if you have combined the goods with other goods and they are inseparable;

14.4.d. if the goods are of a kind that will deteriorate rapidly.

14.5. If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 14.3) in one of the following ways:

14.5.a. contacting us on the details set out in section 1 and include your name, email address, address and order details providing a clear statement that you want to cancel; or

14.5.b. filling out the form that is available after you contacting us and submit it to us, or print off that form and post it to us, in either case using the details set out in section 1.

15. Your rights to cancel the contract

15.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 14, if any of the following circumstances apply, you have the right to cancel this contract immediately:

15.1.a. we have informed you that there was an error with the price or the description of the goods when you placed the order, and you now do not wish to proceed based on the correct price or description;

15.1.b. we have informed you that we need to make a major change to the goods (see section 6.3) and you do not want to proceed with the change;

15.1.c. there is a significant delay in providing the goods to you, because of circumstances that are not within our control (see section 8.2);

15.1.d. we have informed you that we need to suspend the supply of goods to you, for any of the reasons set out in section 9.1, for more than 3 days;

15.1.e. you have some other legal right to cancel the contract because of something we have done.

If you do cancel the contract for any of the above reasons (section 15.1(a) to 15.1(e)), then we will provide you with a refund for any goods that you have paid for but we have not yet provided, or we may provide you with a refund for any goods that have not been properly provided to you. In certain circumstances, you may also be entitled to further compensation.

15.2. If there is a fault with the goods that we have provided to you, please see section 12 of these terms and conditions.

If you are cancelling the contract for any other reason that is not set out in section 15.1 or section 14 (where you are cancelling the contract during the cooling-off period) or that is due to a fault with the goods (see section 12), then the contract will end before your next payment is due and you will continue to pay us for any goods provided during that period. If you have made payment for any goods that are/is to be supplied to you after that period, we will provide you with the relevant refund.

16. Our rights to cancel the contract

16.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:

16.1.a. you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 7.4);

16.1.b. you do not allow us to deliver the goods to you and do no re-arrange delivery or collection of the goods (see section 8.3);

16.1.c. you do not provide us with information that we have requested from you within a reasonable time (see section 11.1);

16.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 16.1), we will provide you with a refund for any goods for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you, an amount of reasonable compensation for costs that we incur due to having to cancel the contract.

17. If we stop providing goods

17.1. If the goods with which we provide you are provided on an ongoing or subscription basis (and are not a one-off purchase), we may decide at some point in the future to stop providing them. If we decide to stop providing them, we will contact you at least one week before we stop providing them, to let you know. If you have made payment for goods that we will no longer be providing to you, we will give you the relevant refund for what you will not receive.

18. Subscriptions

18.1. By subscribing to a Planty box you are agreeing to pay recurring periodic payments for an indefinite time until deactivated by you or us.

18.2. The subscription plan consists of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation.

18.3. If you have any changes, queries or would like to cancel your order or subscription, simply do it through our website or drop us an email at hello@planty.uk. This must be arranged before 8 am, 2 days before the next delivery. Any changes after this time may not be accepted. Although we’ll always try to accommodate you if we are able to.

18.4. We may change our prices by giving you notice by email at least 15 days before any price change takes effect. If you do not accept the new price you should cancel your subscription because payments taken after the notice period will be at the new price.

18.5. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

18.6. We may cancel the subscription immediately by email notice at any time if any amount due to us is unpaid, or unjustifiably charged back.

18.7. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

19. General

19.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.

19.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.

19.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.

19.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.

19.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.

19.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.

19.7. If you are dissatisfied with how we have handled your complaint you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage