TERMS AND CONDITIONS
SECTION 1. THESE TERMS
This website is operated by True Harvest Seeds. Throughout the site, the terms “we”, “us” and “our” refer to True Harvest Seeds. True Harvest Seeds offers this website, including all information, tools and services available from this site to you, the user, on the conditions that you accept all terms, conditions, policies and notices stated here.
These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Why you should read them. Please read these terms carefully before you use our website and or submit your order to us. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 2. INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are True Harvest Seeds a company limited by guarantee in Northern Ireland and registered as a charity with The Charity Commission Northern Ireland. We operate an online shop at www.trueharvestseeds.org. Our company registration number is NI621885 and our charity registration number is NIC100201. Our address is 36 Ardglass Road, Kilclief, Downpatrick, Co Down, BT30 7NS. We are allowed to trade within the objects of our constitution parts 1, 2.(ii), 2.(iii), 2.(iv) and 3.
How to contact us. You can contact us in writing, by email to firstname.lastname@example.org or by phoning the office on 028 4488 1736. We staff the office part time on Mondays, Thursdays and Fridays.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
SECTION 3. OUR CONTRACT WITH YOU
How we will accept your order. When you place your order, you will receive an e-mail to acknowledge we have received it. However, acceptance of your order will only take place when we email you confirming dispatch of the products. At the point we e-mail you the dispatch confirmation, a contract will come into existence between you and us. The contract will relate only to those products which are included in the dispatch confirmation.
How we contact you. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this either by calling you or in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Your order location. We only accept wild flower orders with a shipping addresses within the island of Ireland. This is because we believe that each country has a unique flora, which should not be genetically compromised by the seeds of the unique indigenous Irish flora that we provide. We only provide seed of native-origin from the island of Ireland. If you require seeds that you will be sending back into the country for sowing let us know and we can make alternative arrangements. Because the island of Ireland covers two governing countries we would ask you to note that you are responsible for complying with all applicable laws and regulations of the country from which the products are purchased from or to be delivered to.
We may accept and fulfil orders from Britain of vegetable, herb and non-native flower seeds at this time.
SECTION 4. OUR PRODUCTS
Product variation. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. The seeds we grow are from native origin stock and are grown out in our fields, therefore they may have mixed, via pollination with populations other than our own row crops. Because they are native this should not cause any differences, however there is always a chance your product may vary slightly from those images.
SECTION 5. ONLINE STORE TERMS
Your agreement. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 6. YOUR RIGHTS TO MAKE CHANGES
To change your order. For security reasons, once an order has been submitted it cannot be accessed by you or by us to change. However, if you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
SECTION 7. OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change the product:
To reflect changes in relevant laws and regulatory requirements (for example to comply with safety requirements).
More significant changes to the products and these terms. In addition, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same financial arrangement, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 8. PROVIDING THE PRODUCTS
Delivery costs. The costs of delivery will be as displayed to you on our website, during the order process.
When we will provide the products. During the order process, we will also let you know the estimated delivery date, which will usually be within 30 days of the day on which we accepted your order.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for and have not yet been shipped.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, royal mail will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.1 will apply.
When you become responsible for the product. The product will be your responsibility from the time you receive delivery of the product to the address you gave us.
When you own goods. You own a product which is goods once we have received payment in full.
SECTION 9. YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see section 10.
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.
(c) If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) Seeds you purchased and the packaging has been opened.
(b) Seed packets in general. We do not accept returns of our seed packets unless we sent the order out incorrectly. If we have made an error in your order get in touch with us on 028 4488 1736 or email@example.com asap and we will correct.
If you made and error in your order we cannot accept returns. We provide our customers with highest quality seeds that have been stored in optimum conditions. We cannot guarantee our seeds have been kept in such conditions once they have left our premesis. We hope you can pass any incorrect orders that you have placed on to friends or family to grow.
(c) Perishable goods for instance plants once you have taken them away personally, or have received them through the post unless you let us know immediately that the plants arrived in a condition not fit for purpose. Photographic evidence of how the plant arrived may help you in a potential claim.
(d) Digital products after you have started to download.
(e) Services, once these have been completed, even if the cancellation period is still running.
(f) Any products which become mixed inseparably with other items after their delivery.
9.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought digital content for download or streaming (for example, e-books)? if so, you have 14 days after the day we have emailed you to confirm we accept your order, or, if earlier, until the point you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(b) Have you bought goods (for example, books or gifts)? if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
9.6 Ending the contract for one-off purchases where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it.
If you do this and the contract is for a one-off purchase such as seeds, the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
SECTION 10 – HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by:
Phone or email. Call customer services on 028 4488 1736 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us. Please call customer services on 028 4488 1736 or email us at email@example.com for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return if:
(a) if the products are faulty or mis-described;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.1.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.1 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
SECTION 11. OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(c) you do not, within a reasonable time, allow us access to your premises to supply the services; or
(d) we are unable to verify the delivery or billing address. Please note that we are not able to deliver to PO Box addresses.
SECTION 12. PERSONAL INFORMATION
SECTION 13. PRICE AND PAYMENT
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated on the website, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
We are not VAT registered at this time.
When you must pay and how you must pay. We accept payment via Paypal and direct bank transfer. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For training courses, you must pay for the products at time of booking. Please contact by phone 028 4488 1736 or email, firstname.lastname@example.org to arrange a date for your training course. Payment will be due by 30 days before the training course. If you have to cancel the course after payment has been made we may make a deduction from your refund to recompense the charity.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Royal Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
SECTION 14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
SECTION 15. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16. HOW WE MAY USE YOUR PERSONAL INFORMATION
SECTION 17. OTHER IMPORTANT TERMS
You need our consent to transfer your rights to someone else (except that you can always transfer any relevant guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer any guarantee that comes with the product to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing proof of purchase.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained above in respect of any guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by law in Northern Ireland and Ireland and you can bring legal proceedings in respect of the products in the courts. If you live inNorthern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in Ireland you can bring legal proceedings in respect of the products in Irish law.
Online Dispute Resolution. We are obliged to provide you with details of the Online Dispute Resolution Platform <http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm> (ODR) published by the European Commission, although in light of the low value and straightforward nature of our online activities, we do not use ODR in the course of our business.