Terms & Conditions

Welcome to the Hortech Systems Ltd’s website.

Please read carefully our Terms and Conditions which govern the use of our website. By using this site and/or placing an order you are agreeing to abide by them.

Definitions

In these conditions "the Company" means Hortech Systems Ltd, irrigationonline.co.uk, are the online trading names of the Company, "The Purchaser" shall mean the person, firm or Company who has viewed or used one of the Company websites, any quotation or with whom any contract is made, "the Goods" shall mean the goods or services agreed to be sold by the Company to the Purchaser.

Copyright and Trademark

This site is both owned and administered by the Company. The content of this website to include its text, images, design, graphics, the programming code and selection and arrangement of content and all other information on this site are under the copyright ownership of the Company or its licensees, content providers or technology providers. All rights of the copyright owner are reserved.

Permission is given to copy, print, and distribute in hard copy sections of this website in order to browse and shop for or place an order at one of The Company websites

Any unauthorized use of any material on this website without the prior written permission of The Company is a violation of copyright, trademark and other applicable laws and immediate litigation will follow.

Industrial property rights

If Goods, supplied by the Company to the Purchaser's design or specifications, infringe or are alleged to infringe any patent or registered design rights or copyright the Purchaser will indemnify the Company against all damages, costs and expenses incurred by the Company as a result of the infringement or allegation. The Purchaser will give the Company all possible help in meeting any infringement claim brought against the Company.

All drawings, designs, specifications and the like which the Company supplies in connection with the quotation or order remain the Company's property and are confidential; they must not be disclosed to any third party person without the Company's written permission.

Use of Cookies

Cookies are unique identifiers that our web pages transfer to your device to enable our systems to recognize your device and to provide features such as the shopping cart and checkout. The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of the browser manufacturer.

Because cookies allow you to take advantage of some of the Irrigationonline.co.uk websites essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any services that require you to sign in.

If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies.

The contract between us

We must receive payment of the whole of the Goods that you order before your order can be accepted. Once payment has been received by us we shall confirm that your order has been accepted which brings into existence a legally binding contract.

Acceptance

All orders are accepted on these terms which apply to the exclusion of and override any other items stipulated or referred to by the Purchaser whether in its order or in any other document, or in any negotiations or communication or course of dealing between the Company and Purchaser.
No modification, amendment or addition to/of these terms shall be effective unless made in writing and signed by the managing director of the Company.

The Goods

Except where it is expressly stated that the Goods comply with a recognized industry standard, all descriptions, specifications, drawings and particulars of weights or dimensions submitted by the company or otherwise contained in the companies website, catalogues, brochures, price lists, quotations and publicity materials are approximate only and may vary at the Company's discretion. The Company shall not be liable for their accuracy unless they are expressly incorporated into the contract in writing.
These terms are the whole agreement between the Company and the Purchaser relating to the Goods and these terms supersede any previous terms used by the Company. The Purchaser shall not rely on any statements, recommendations and advice whether given verbally or in writing (before or after the acceptance by the Company or the Purchasers order) by the Company, its employees or agents as to any matter relating to the goods except where such statements recommendations or advice are given in writing and signed by a director of the company answering a specific written request from the Purchaser before or at the time when the Company accepts the order.

Title to the Goods

The Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Purchaser shall have paid to the Company the agreed price together with the full price of any other Goods the subject of any other contract with the Company.
Until such time as the Purchaser becomes the owner of the Goods he will store them on his premises separately from his own goods or those of any other person and in a manner which makes them identifiable as the goods of the Company.
The Purchaser acknowledges that until such time as the property in the Goods passes to the Purchaser he is in possession of the Goods as a bailee for the Company.
Until payment due under all contracts between the Purchaser and the Company has been made in full, in the event of sale of the Goods by the Purchaser:

The Company shall be entitled to trace all proceeds of sale received by the Purchaser through any bank or other account maintained by the Purchaser;
The Purchaser shall if requested by the Company in writing to do so assign its rights to recover the selling price of the Goods from the third parties concerned.

The Company may for the purpose of recovery of its Goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
Until the Company has received in cash or cleared funds payment in full of the price of the goods the Purchaser shall not be entitled to dispose of any property in the Goods (by sale or otherwise) to the holding company of the Purchaser or to any subsidiary of the Purchaser or any such holding company.

Price

The price payable for the Goods that you order is set out in our website.

Where stated, you will be required to pay extra for delivery and it might not be possible to deliver to some locations. Our delivery charges and delivery locations are set out in our website.

The prices quoted by the Company on the website are those in effect at the date of quotation. Unless otherwise agreed in writing, the Company reserves the right to increase prices when it accepts the Purchaser's order to reflect:

Any variation that may have happened in the costs of labour, materials, suppliers, overheads and transport.
Any variation in duty, tax, surcharge or levy of any kind whatsoever affecting the sale price of the Goods.
Any cost to the Company resulting from delay by the Purchaser in giving to the Company information sufficient to enable it to supply the goods or provide the services or any alteration made at the request of the Purchaser in the specification of the Goods or in the place they are to be delivered.
Any extra cost to the Company resulting from the Goods being carried by modes of transport more expensive than the Company's normal form of transport at the request of the Purchaser.
If the list price used on our Website is not the prevailing selling price at any specific time and place. The List Price represents the manufacturers or our own recommended selling price.
The Company's internet price - It is possible despite our careful attention to pricing that an item is unintentionally mispriced. If an items correct price is lower than our quoted price then we will charge the lower correct amount and deliver the item to you. If an items correct price is higher than our quoted price, the Company retains the right to refuse or cancel any such order whether or not that order has been confirmed and your credit or debit card charged.

Payment

The price for the Goods will be due and payable upon placement of your order.

If the Purchaser fails to give reasonable instructions to the Company and /or necessary documents, licenses, consents and authorities for forwarding the Goods or is unable to accept delivery of the goods at the time when the Goods are due and ready for dispatch or delivery or shall otherwise cause or request delay, the Purchaser shall pay to the Company all costs and expenses, including storage and insurance charges incurred or arising from such delay during which at the Company's absolute discretion if its storage facilities permit, the Goods will be stored at the Purchaser's sole risk. This provision shall be in addition to and not in substitution for any other payment or damages for which the Purchaser may be liable in respect of his failure to take delivery at the appropriate date.

The Purchaser shall not be entitled to make any deduction from the price of the Goods which have been delivered to the Purchaser in respect of any set off or counter claim unless both the validity and the amount thereof have been expressly admitted in writing by the Company and such admission is signed by the director of the Company.

In the absence of any specific appropriation by the Purchaser, the Company shall have the right to appropriate any payment made by the Purchaser towards the satisfaction of any outstanding invoice including in relation to a credit account facility from time to time as the Company shall in its absolute discretion think fit

Delivery

Delivery dates are estimates only. The Company will make every reasonable effort to keep them, but accepts no liability for any financial or other loss or damage (whether direct or indirect) if delivery is nonetheless delayed, nor shall any such delay entitle the Purchaser not to accept and pay for the Goods when they are delivered.

The Company will arrange delivery of goods by means, at the Company's discretion, of ordinary goods transport, unless the Purchaser otherwise requires.

The risk in the Goods will pass to the Purchaser when they are loaded onto the Purchaser's transport (or if they are off-loaded at their destination, if being delivered by the Company or common carrier).

Where deliveries are made by installments against the contract the Company's failure to make any delivery shall not entitle the Purchaser to repudiate the contract.

Without accepting liability for failure in any case to do so, the Company will pursue for the benefit of the Purchaser any claim for damage or short delivery or loss of Goods in transit provided that the Company and the carrier are notified in writing of the claim, within 7 days after the date of the advice note or other dispatch notification in the case of a complete loss and within 3 days after delivery in the case of damage or short delivery; and in the latter case also that on delivery the Goods have been signed for "unexamined" or the damage on short delivery has been recorded on the carrier's delivery documentation.

Cancellation & Return of Goods - Distance Selling Regulations

Where the Purchaser has bought Goods from the Company by the website, phone or by fax, the Purchaser has seven working days from receipt of the Goods in which to cancel the contract for any reason. The following exceptions apply;

If the Purchaser bought the Goods as a business customer
If the Goods have been made to the Purchaser's specification
If more than seven working days have passed since the Purchaser received the Goods
Where the price depends on fluctuations in the financial Markets beyond our control
Goods that by reason of their nature cannot be returned

Should the Purchaser wish to cancel the contract within seven working days from receipt of the Goods then the Purchaser must notify the Company in writing that they wish to cancel the contract by writing to the Company's head office or emailing the Company, and the Purchaser must return the Goods to the Company in saleable condition. The Purchaser is advised to wrap the Goods carefully to avoid damage when returned. The Purchaser should enclose their name and address and the Company's order reference number. The Purchaser is advised to return the Goods by recorded delivery. Proof of postage will not be accepted as proof of delivery. The Company cannot accept liability for returned Goods damaged in transit.

If the Company accepts return of goods, refund payments will be made to Purchasers in full within 30 working days of the contract being cancelled. If the Purchaser paid by credit or debit card for the Goods, the refund will be made directly to the Purchaser's credit or debit card within 30 working days of cancellation. If the Purchaser paid by any other means, the refund will be made by cheque which will be posted within 30 days of cancellation

If the Purchaser has cancelled the contract in writing during the 7 day, cooling off period the Purchaser must return the Goods which have already been delivered or are in transit to the Company. The Purchaser is responsible for the payment of the return of the Goods. If the Purchaser does not return the Goods delivered or does not pay the costs of return, the Company shall be entitled to the direct costs of recovering the Goods.

The Purchaser must take reasonable care of the Goods whilst they are in their possession. The Goods must be returned to the Company in a saleable condition and as they were received by the Purchaser. If the Goods are not returned to the Company in a saleable condition or as they were received by the Purchaser, the Company shall be entitled to the direct costs of replacing the Goods The decision as to whether the returned Goods are of saleable condition rests at the absolute discretion of the Company.

Cancellation and Return of Goods

Where the Consumer Protection (Distance Selling) Regulations do not apply for instance if the Purchaser is acting in the course of business or more than seven working days has passed since receipt of the Goods by a non-business Purchaser, the following provisions apply. The Purchaser cannot cancel whole or part of the contract, whether it is an order by instalment or otherwise, except where this has been agreed in writing by the Managing Director of the Company.

Cancellation under this provision may be subject to a cancellation charge at the absolute discretion of the Company.

Goods once delivered, may not be returned unless authorization has been given as specified above and provided that the following conditions are satisfied.

Goods will only be accepted if they are in brand new and unused condition
Packaged items will only be accepted if the packaging remains unbroken and in reasonable condition.
Goods will only be accepted if returned within three weeks of the date of collection or delivery.
In every case a restocking charge will be made.
In every case the invoice number and date together with reason for return must be stated.

Contract Term

Unless otherwise agreed, this contract will be concluded upon receipt of this advice by the purchaser, and delivery completed within 30 days of that date

Warranty

All goods carry a manufacturer’s warranty which will vary with each product but will be at least 6 months from the date of manufacture. Warranty will be given only in support of defective manufacture. We reserve the right to repair or replace defective goods at our discretion. Warranty claims must be made in writing or by email to our head office address.

Substitute Products

If we supply substitute products because the goods originally ordered are no longer available, Purchasers may return the goods and we will pay the cost of returning those goods and refund the full cost of the goods

Complaints

Any correspondence including Cancelation notice and Complaints should be made to our Head Office at:

Hall Gate
Holbeach
Lincs
PE12 7LG

The Sale of Goods Act 1979

Nothing in these Terms and Conditions affects the Purchaser's statutory rights under the Sale of Goods Act 1979 and any other applicable legislation.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Hortech Systems Ltd.

Hall Gate
Holbeach
Lincs
PE12 7LG

and all notices from us to you will be displayed on our website from time to time.

Events beyond our control

We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the Purchaser submits to the jurisdiction to the High Court of Justice of England and Wales, but Hortech Systems Ltd may enforce the contract in any court of competent jurisdiction.

Statutory Rights

Your statutory rights are not affected by any of the provisions in these Terms and Conditions.

Entire Agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

YOUR PRIVACY
We, Hortech Systems Ltd, collect information about you when you use our website. Some is provided by you when you enter certain details, and some we collect by placing a small amount of information (often referred to as a 'cookie') on your computer and by observing your use of the website. A cookie enables our computers to recognise you when you visit our website, and helps us give you a better service. This data is collected and used to enable us to process your order.

We will retain any information about you for a reasonable period, or for as long as the law requires.

For certain categories of information, you have certain rights to know what information we have about you, how we use it, and to whom we disclose it. You may also ask us to update it if it is inaccurate.

We use various measures to protect any information about you from access by unauthorised persons, and against unlawful processing and accidental loss, corruption and destruction.

We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.

We comply with the Data Protection Act 1998, and we are registered with the Information Commissioner's Office under Z5493646.

COOKIE POLICY
Cookies are small text files which a website may put on your computer or mobile device when you first visit a site or page. The cookie will help the website, or another website, to recognise your device the next time you visit. Web beacons or other similar files can also do the same thing. We use the term “cookies” in this policy to refer to all files that collect information in this way.

There are many functions cookies serve. For example, they can help us to remember your username and preferences, analyse how well our website is performing, or even allow us to recommend content we believe will be most relevant to you.

Certain cookies contain personal information although most cookies won’t collect information that identifies you, and will instead collect more general information such as how users arrive at and use our websites, or a user’s general location.

SOCIAL BUTTONS
On some pages of our site you will see social buttons. These enable users to share or bookmark the web pages. There are buttons for: Twitter, Google +1, Facebook ‘Like’, LinkedIn ‘Share’, and StumbleUpon. In order to implement these buttons, and connect them to the relevant social networks and external sites, there are scripts from domains outside of Hortech Systems Ltd. Please be aware that these sites are likely to be collecting information about what you are doing all around the internet, including Hortech Systems Ltd's site. If you click on any of the social buttons, these external sites will be registering that action and may use that information. In some cases these sites will be registering the fact that you are visiting Hortech Systems Ltd, and the specific pages you are on, even if you don’t click on the button if you are logged into their services, like Google and Facebook. You may wish to check the respective policies of each of these external sites to see how exactly they use your information and to find out how to opt out or delete such information.

EXTERNAL WEB SERVICES
We use a number of external web services on the Hortech Systems Ltd website, mostly to display content within our web pages. For example, to show videos we use YouTube, Flickr for photographs. This is not an exhaustive or complete list of the services we use, or might use in the future, when embedding content, but these are the most common. As with the social buttons we cannot prevent these sites, or external domains, from collecting information on your usage of this embedded content. If you are not logged in to these external services then they will not know who you are but are likely to gather anonymous usage information e.g. number of views, plays, loads etc.

EMAIL COMMUNICATIONS
As part of the registration process for joining the Hortech Systems Ltd subscriber list you have the opportunity to opt in or out of various email communications. If at any stage you wish no longer to receive any emails that you receive from the site you can stop them coming by changing your preferences in My Account area. You can define what emails you receive from the site (if any) and save your settings. Alternatively, you can click unsubscribe link at the bottom of the email at any time.

GOOGLE ANALYTICS
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. We have also implemented and use display advertising. The Google Analytics features that we have implemented are based on displayed advertising (eg: remarketing). You can opt out of Google Analytics for display advertising and customise Google Display Network ads preferences manager.

For further information about Google Cookies and Google Analytics click here >

PLEASE NOTE: We are not responsible for the content of external websites.

INTELLECTUAL PROPERTY
This website, its content and the computer programs behind it are protected by intellectual property rights. We own these intellectual property rights, or they are licensed to us, and we prohibit any activity which would infringe these rights. In particular, you must not copy any text or images from this website except for your own personal use: you must not distribute them in any way. We own the trade mark rights in the mark Hortech Systems Ltd, and we prohibit its use in any way which would infringe our rights or cause confusion. The other trade marks appearing in this website belong to third parties, and we acknowledge their trade mark rights in them.

LINKS:
We welcome links to the URL for the home page of this website, but you must not generate or use links to any other page without our permission and you must not cause any additional text, images, frame or any other material or border to appear with any aspect of this website or its content.

DISPUTES:
Our contract with you is governed by the law of England and and only the courts of England and Wales are entitled to decide any dispute arising out of the contract.

CUSTOMER SERVICES:
If you have any questions or complaints, please contact us by e-mail at info@hortechsystems.co.uk, by telephone on 01406 426513 or by post at Ecommerce Division, Hortech Systems Ltd, Hall Gate, Holbeach, Lincs, PE12 7LG.

Registered in England No. 2360633. - VAT Reg. No. 525 363 748