TERMS AND CONDITIONS OF WEBSITE USE
In recent years it has come to our knowledge that some people use this equipment and information on the subject of hydroponics for illegal activities. Therefore, proactive Nutrients c/o Esoteric Horticulture, the staff of proactive Nutrients c/o Esoteric Horticulture do not advocate breaking the law, nor is this publication, CD-ROM or website intended to encourage or promote the use of illegal substances or activities.
Firstly, by accepting our Terms & Conditions, you are agreeing to and stating that any purchase from our site will not be used for illegal activities in any way shape of form.
Orders can only be sent to the billing address due to the recent increase in fraudulent transactions.
If it is required that goods go to a separate non-billing address, then payment must be made via cash, bank transfer, cheque, or to a "verified" Pay Pal address.
These terms and conditions do not affect your statutory rights
To order goods through this website you must be at least 18 years of age.
We have the right to refuse at our discretion to supply any goods ordered by you
INFORMATION POSTED & DISCLAIMER
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
The material contained on this site is provided for general information purposes only and do not constitute legal or any other professional advice and should not be relied upon as such. We cannot and do not accept any responsibility for any loss which may arise from accessing the information on our website, or the reliability of the information on this site within the fullest extent permitted by English law; we exclude all liability for loss or damages directly or indirectly arising from use of this site.
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.
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
The material on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Goods are subject to availability. If we do not supply the goods for any reason we will not charge you for these goods and we will refund any money already paid for the goods. However, we will not be responsible for compensating you for any other losses that you may suffer if we do not supply goods.
Many of the products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products and keep specifications 100% up to date. All drawings, descriptive matter, specifications and advertising on our website are for the sole purpose of giving an approximate description of the goods.
www.growproactive.co.uk is a site operated by proactive Nutrients c/o Esoteric Horticulture ("We"); we are registered in England and Wales under registration number 07256101. Our registered office address is: Esoteric Horticulture Ltd, 8 Martyr Road, Guildford, Surrey, GU1 4LF. Our VAT number is 990535594.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be held liable for any reason if our site is unavailable at any time or for any period of time.
INTELLECTUAL PROPERTY RIGHTS
We own or are the licensee of all intellectual property rights on our site, including the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
DELIVERY OF GOODS
Products listed on the website are subject to change without notice or warning. Occasionally items delivered may vary slightly from what is depicted on the website. However we will not send items that we deem to be inferior quality to the original product without your prior consent.
Warranties on products are provided by the manufacturer, not proactive Nutrients c/o Esoteric Horticulture. Therefore any product deemed faulty whilst under warranty must be returned to the supplier, where they may repair or replace your item(s). We take no responsibility for any items that develop faults whilst under warranty.
Any shortages or damages in deliveries to you must be reported within 24 hours. We strongly advise all orders are fully unpacked and checked immediately after delivery. In certain instances damage claims need to be investigated further, therefore a delay in replacing a damaged product may be possible.
Delivery of our equipment is delivered within 2 - 4 working days subject to availability and are delivered by either Royal Mail, DHL, CityLink, Parcel Force or UPS or any other courier of our choosing. Please allow up to 21 days for busy periods or for the unlikely event that we may run out of one of the many components or products required, or for the unlikely event that there is a mishap in the post/delivery process. As at times more often than we would like, uncontrollable events do occur, and once an item has left our premises and possession, we are both in the hands of the courier. We shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods.
All our packages will arrive in very secure and discreet plain packaging, boxes or black wrap.
Important! All goods must be signed for by the bill payer at the bill payers address and must state their name and signature or the delivery cannot be left. This is for fraud and insurance purposes and is designed to cover both us and the customer from incident.
If you order "special order" items e,g high value items or rare items we do not keep in stock, we will order from our suppliers the same day the order is placed with us. We will then ship out to the customer on the day we receive the item or items. Some special order items have additional postage and admin costs applied to them and are included in the retail price. If special order items are cancelled and/or returned, a full refund will be given minus the incurred additional costs of sourcing and obtaining and returning "special order" items for the customer. Please bear this in mind; we make no additional sums, we only charge for the basic costs we incur.
Deliveries via pallet will be delivered to the premises but cannot be taken inside by the courier, as the couriers are not covered by the insurance policy to do so. For large goods you may need to arrange help from a friend or colleague to further move the shipment inside your premises or location.
Payment can be made by any of the methods mentioned on the payment page, all credit and debit card transactions are completely secure and are sent across 128 bit encrypted network via Worldpay, Pay Pal also guarantee this and offer full protection against loss as standard procedure.
No matter how your payment is sent or by what method you choose, no items will be sent out till the payment has 100% cleared. That the payment has been made in full, for example if you pay by cheque please be aware that depending on your bank or building society it could take between 3-14 days for your cheque to clear. The usual is 3-5 days but in some cases i.e. if you bank with nationwide it can take up to 14 days.
On receipt of your goods, you must check the items for any damages or breakages BEFORE signing for it! If you do not do this and then find out something is broken, we cannot be held liable and you will not be covered by the insurance for any after delivery damages. These are not our rules but the rules of the insurance company. If your item does arrive damaged, please state when signing that the items or item is damaged, contact us and we will immediately start an insurance claim on your behalf.
Faulty items must be reported within 24 hours of arrival to enable us to ensure this is genuine. Once the faulty item is returned and inspected, you will be issued with a brand new replacement.
Please note certain items cannot be returned, unless they are faulty. These are mainly larger starter kits, air conditioners and custom built units as they are personalised to your specific needs and cannot be resold.
All returns must be received within 7 days and must be returned to us via recorded delivery with tracking numbers so we can confirm it has in fact been sent to us. You must also contact us beforehand to make us aware of the problem and to confirm that you are in fact returning the item or items. Please be aware there is also a £10 re stocking fee on items if you wish to cancel the order after dispatch. Please also be aware that you will be charged for the postage costs of returning the item to us, unless you arrange for the item to be returned to us yourself and you pay the costs at your end. If the order is required to be returned from another country outside the UK, please bear in mind there may additional export charges required for the return of the item.
If you wish to return goods you have a duty to keep them in your possession and to take excellent care of them until you return them. Please contact us if you would like to return your order and we will send you the required information and details. Goods must be returned in their original condition, be unused and include all immediate packaging, or we have the right to refuse the refund or may deduct the cost of the damages.
When signing for the unit on arrival you are accepting delivery of the unit and deeming that it meets the requirements of your purchase. We cannot be held liable for misuse of the goods.
If the goods returned faulty are found to be in full working order then these will be returned to you and we reserve the right to charge an administration fee of 15% of the price of the goods along with the cost of carriage.
The price for the goods will be as stipulated at the time when you place your order. We are entitled to make adjustments to the price to take account of any increase in our supplier's prices, or the imposition of any new taxes or duties, or if due to an error or omission the price published for the goods on our website is wrong. We will inform you of the correct price and give you an opportunity to cancel the order. If the goods have already been delivered, we will give you an opportunity to return the goods and receive a full refund of the price and any delivery charges you have paid for the goods.
We bubble wrap, shrink wrap or black wrap all our goods for delivery. All goods are sent out in perfect condition and as protected as possible. Once the item leaves us we have no control over the delivery and carriage of the goods. However, if your item arrives damaged in any way then please contact us within 48 hours and we will start an insurance claim for you.
All items are sent via recorded delivery and are very well packaged. They are covered by standard insurance and are using the safest and most respectful delivery companies, so we do not take responsibility for any type of loss, damages or theft incurred, that for whatever reason may not be included in the insurance policy, please contact us if you wish to purchase premium insurance that covers these unlikely events.
Orders can be cancelled but they must be cancelled within 24 hours, or a charge for the cost of labour and administration of the purchased goods will be incurred (this cost will vary). This is also the same for overseas deliveries; if the goods have already been dispatched before you cancel the order, then we will not be able to return the cost of delivery, only the cost of the item purchased. This applies to UK and international deliveries as we have to pay delivery costs upfront before collection. On special order items that have to be ordered in, within the UK, Europe or Worldwide will have a 10% cancellation fee if not cancelled within 24 hours. This is due to incurred stocking and storage costs of special order items should the order be cancelled.
Deposits are non refundable, it is our practice to hold goods for 14 days once a deposit has been paid. In certain circumstances, we can hold goods for up to 30 days if agreed in advance when placing the deposit.
The deposit requested is usually around the value of our initial costs to obtain and source the items for you, this is whether the order is cancelled or not, we still have to incur and pay these charges to our suppliers regardless. Please bear this in mind before paying a deposit.
Cancelled orders within 48 hours will be refunded minus our import shipping costs and costs of cancelling the order with our supplier.
Missing items do happen now and again. A note will have been made to place the item on backorder and the missing items will be sent out as soon as possible, but please confirm if anything is missing in case of any other circumstances
Here at proactive Nutrients c/o Esoteric Horticulture we are committed to protecting your privacy.
Proactive Nutrients c/o Esoteric Horticulture receives personal information through this website. You may, for example, be asked for personal information if you want to take advantage of specific services that we offer, such as online ordering, subscription to our publications or registering for our newsletters and offers.
In any case where you provide personal information, we will only use it to deliver the services you have requested. We do not pass or sell your personal information to anyone outside of the business apart from the necessary details obviously required to process credit/debit card payments
We will occasionally inform you of new services and products related to those you have ordered or registered for and of changes and activities within the site. You have the right to opt-out of receiving this information, for more information contact us.
We do not automatically capture or store personal information, other than the required details to process orders and transactions. We do not pass or sell any of your information or details to other companies under any circumstances.
We will not email you in the future unless you have ordered from us or you have given us your consent by submitting to receive our product newsletter or by way of replying to an email. You may unsubscribe from our newsletter at any time by clicking on the unsubscribe link on the newsletter.
We will never pass or sell your email address to a third party. The type of information we will collect about you (in order to process an order) includes:
• your name
• phone number
• email address
• credit/debit card details
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law. We do not use technology to track the patterns of behaviour of visitors to our site.
Cookies are used on this shopping site, but only to keep track of your shopping cart once you have selected an item or if you log on as a registered user.
Our aim is to update the website regularly, and therefore, the content may change at any time. If the need arises, access to the website may be suspended temporarily, or closed indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
We follow strict rules to ensure industry standards are met to protect the personal information submitted to us and to ensure we have the most secure transactions possible, both during transmission and once we receive it.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKS FROM OUR SITE
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without our prior written consent.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
The Contract between us shall be governed by the laws of England and Wales and any dispute will be resolved exclusively in the courts of England and Wales. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have a complaint contact us.
These terms and conditions are subject to change at any time without prior notice.
Extra stuffs :)
All prices on our website are inclusive of VAT but exclusive of delivery charges which will be payable as indicated at the time of placing your order.
Either of us shall have the right to terminate any contract between us without penalty within 30 days from the date we accept your order. In the event of termination we shall refund to you all sums paid by you to us and you shall return any goods (in the same unused condition we supplied them to you) that we have despatched to you.
You will only own the goods once we have received payment in full.
We do not offer any credit facilities. We will issue you with a receipt once we have received payment in full for your order and once we have dispatched the goods to you.
We will supply goods that are free from defects in materials and workmanship for a period of 12 months (or longer if required by law) from the date of delivery. This does not affect any other statutory rights that you may have. Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions.