TRADING NAME:
All orders are placed with Grow Insane which is a business name of Grow Insane Ltd. Registered in England No. 10416419. Registered Office: 65 Rylands Drive, Warrington, WA2 7DY
These terms and conditions will apply to all sales of products made by Grow Insane to our customers.
1. DEFINITIONS
In these terms, except where the context indicates otherwise, the following phrases will have the following meanings:
Grow Insane means Grow Insane Ltd, registered address, 65 Rylands Drive, Warrington, WA2 7DY.
‘Goods’ means the products which we are selling to you as set out in the Order.
‘Order’ means a document whether in hard copy or electronic form produced by us setting out the Goods we are to supply to you under these terms.
‘Unexpected Event’ shall have the meaning given to it in clause 12.
‘Working Day’ means any day except Saturdays, Sundays and bank and public holidays.
‘We’ and ‘Us’ and related expressions mean Grow Insane as detailed above.
‘You’ and ‘Your’ and related expressions means the person to whom the order is addressed.
‘Consumer’ means any person who, in buying goods is acting for purposes that are outside their business.
‘Special orders’ means any goods which are made to your specification, non-stocked items which are ordered specifically for your order, or items which are clearly personalised.
2. BASIS OF CONTRACT
2.1 These terms, the order, are considered by us to set out the whole agreement between you and us for the sale of the goods. Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract. Please ensure you read and understand these terms before confirming the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.4.
2.2 If any terms are inconsistent with the terms of the order, the order shall prevail.
2.3 The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 These terms shall be binding upon you and us when we notify you with a written acceptance of an order (whether in hard copy or electronic form), at which point a contract shall come into existence between us.
2.5 We have the right to revise and amend these terms from time to time to reflect change in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of any systems operated by us. You will be subject to the policies and terms in force at the time that a binding contract comes into existence in accordance with clause 2.4; unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. CANCELLATION/COOLING OFF AND ORDER AMENDMENTS
3. With the exception of ‘special’ orders, you may amend your order with us at any time before the item is dispatched. Please contact us either via the contact form or telephone us on 01925 912222. If we have already dispatched the goods, we will handle them through the normal returns process.
4. THE GOODS
4.1 We warrant that on delivery the goods shall:
4.1.1 comply in all material respects with their description on the order;
4.1.2 be of satisfactory quality;
4.1.3 be fit for purpose we say the goods are fit for or for any reasonable purpose for which you use the goods;
4.1.4 be free from any material defects in design, material or workmanship; and
4.1.5 comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.
4.2 The warranties set out in this clause 4 are in addition to your legal rights in relation to goods which are faulty or which do not otherwise conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
4.3 This warranty does not apply to any defect in the goods arising from:
4.3.1 fair wear and tear, wilful damage, accident or negligence by you or any third party;
4.3.2 use of the goods in a way that we do not recommend;
5. PRICE AND PAYMENT
5.1 The price of goods shall be the price in force at the time you confirm your order. We reserve the right to update our price list from time to time without providing specific notice to you.
5.2 We are VAT registered so VAT receipts are provided by email.
5.3 The price or goods excludes delivery (unless otherwise stated). The cost of delivery shall be as specified in the order.
5.4 Payment of all goods must be made in advance by cash, BACS payment, credit or debit cards. We accept payment with Visa, Maestro and Mastercard payment cards.
6. DELIVERY
6.1 The goods will be delivered to your delivery address specified via your paypal checkout process.
6.2 Delivery of the order shall be complete when we deliver the goods to you.
6.3 If we are not able to deliver the whole of the order at one time for any reason including operational reasons or shortage of stock, we will deliver the order in installments. We will not charge you extra delivery costs for this.
6.4 We will take reasonable steps to meet the delivery estimate set out on the order (or as otherwise agreed between us in writing). However, occasionally delivery may be affected by factors which we do not control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery with you. We shall have no liability for late delivery except where time has been made the essence of the contract and agreed by both parties in writing at the time of ordering.
6.5 Once received, please check all goods within 7 days of arrival. We reserve the right to refuse claims for damaged or missing goods made after this time unless a longer period of time has been previously agreed in writing.
7. Risk and Title
7.1 Ownership of the goods will only pass to you when we receive payment in full of all sums due for the goods, including delivery charges.
7.2 Whilst ownership of the goods passes to you once full payment is made, the goods will be fully insured by us whilst in our storage awaiting delivery. Our insurance cover will cease on delivery of order in accordance with Clause 6.2.
8. Warranties & Limitations of Liability
8.1 We warrant that, on delivery, all goods shall comply and conform in all material respects with their descriptions on our website and any information, specifications and guidance which is set out on our website.
8.2 Subject to clause 9.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are an obvious result of the failure to comply with these Terms, or which both you and us knew might occur as a result of a failure to comply at the time at which you purchased the Goods.
8.3 Neither you or we shall be responsible for the following foreseeable losses:
8.3.1 Business losses, which includes loss of business, business interruption, loss of profits or loss of revenue or income.
8.3.2 Loss of any savings which you or we were expecting to make;
8.3.4 Loss of data; or
9.3.5 Any waste of time.
However, this Clause 9.3 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.4 Neither of us will exclude or limit in any way our own liability for:
8.4.1 death or personal injury caused by our negligence; or
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 any breach of the obligations implied by section 17 of the Consumer Rights Act 2015; or
8.4.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
8.4.5 any other matter for which it would be illegal or unlawful for either you or us to exclude or attempt to exclude our own liability. You may obtain information about your legal rights by contacting your local Citizen’s Advice Bureau.
9. WAIVER AND VARIATIONS
If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver or variation of these Terms shall be effective unless we expressly state that it is a waiver and we tell you so in writing.
10. GENERAL
10.1 English Law is applicable to any contract made under these Terms. The English and Welsh courts have nonexclusive jurisdiction.
10.2 If any of these Terms are unenforceable as drafted:
10.2.1 it will not affect the enforceability of any other of these Terms; and
10.2.2 if it would be enforceable if amended, it will be treated as so amended.
10.3 All notices sent by you to us must be sent to Grow Insane Ltd at the registered offices above. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served twenty four (24) hours after an e-mail is sent or two (2) Working Days after the date of posting of any letter.
10.4 Except as explicitly set out in these Terms, no contract will create any right enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person not a party to it.
