Consumer Terms & Conditions of Sale (October 2026)
Please read the following important terms and conditions before placing an order for Goods with Hartley Botanic Limited.
This “Contract” sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
- In this Contract:
- ‘We’, ‘us’, ‘our’ or ‘ourselves’ means Hartley Botanic Limited; (also referred to as “Hartley”) and
- ‘You’, ‘your’ or ‘yourself’ means the person buying Goods from us (also referred to as the “Customer”).
- If you don’t understand any of this Contract and want to talk to us about it, please contact us by:
- email at [email protected] (we respond to emails Monday to Friday during normal business hours); and
- by telephone on 01457 873244 (we answer calls Monday to Friday during normal business hours). We reserve the right to record calls for quality and training purposes.
- Alternatively, please reach out directly to your Hartley Botanic sales representative or call us on the number listed on your proposal.
Who are we?
We are Hartley Botanic Limited, a company registered in England and Wales (company number: 03054175). Our registered office is at Hartley Botanic Limited, 2 Wellington Road, Greenfield, Oldham, United Kingdom, OL3 7AG. Our VAT number is: 652659218.
1 Introduction
1.1 If you buy Goods from us, you agree to be legally bound by this Contract. The order you place with us constitutes an offer to purchase Goods in accordance with this Contract.
1.2 This Contract is available only in the English language; which is the language that will apply in all respects. Any translation into other languages is for guidance purposes only and will be of no force or effect in the interpretation of the Contract or in a determination of the intent of you and us.
1.3 We may, from time to time, update these terms and conditions. However, the version made available to you when you place your order with us will govern the Contract between you and us (see paragraph 2 below).
1.4 We will use the personal information that you provide to us only in accordance with our Privacy Policy (available at the following link: https://hartley-botanic.co.uk/privacy-policy/).
2 Ordering Goods from us
2.1 A legally binding Contract is created between yourself and Hartley Botanic Limited and is set out as follows in this paragraph 2.
2.2 When placing an order with us, you must agree to the proposal that we send to you. Please read and check your proposal carefully before placing your order with us. You are responsible for ensuring that the following (but not limited to) terms of the proposal are accurate/correct:
2.2.1 order details,
2.2.2 measurements including those of the structure,
2.2.3 colour,
2.2.4 door furniture choice,
2.2.5 accessories, and
2.2.6 any other key elements that have been specified by you.
2.3 If required, we will visit you to undertake and complete measurements relating to your order (a “Site Survey”). Site Surveys will be charged by us at a minimum of £750 (including VAT) for customer visits within 100 miles of our manufacturing operation. Beyond this radius the charge is £1,700 (including VAT) for all other UK Mainland sites. Sites not on UK Mainland will incur additional travel costs, which will be quoted before any visit takes place. We are not surveyors in the context of a Site Survey and not QS qualified. We will only complete measurements for the purpose of erecting the Greenhouse or Glasshouse (the “Goods”) that are being purchased. The responsibility of the integrity of the land lies wholly with you.
2.4 Upon placing your order with us, having paid your 50% deposit, we will confirm we have received it by contacting you by email or in writing if written confirmation is requested (the “Proposal”). For clarity, a Proposal does not mean that your order has been accepted.
2.5 Sometimes we reject orders, for example, where:
2.5.1 the Goods are unavailable;
2.5.2 we cannot authorise your payment;
2.5.3 we cannot deliver the Goods to the location you have requested (see paragraph 5.1);
2.5.4 you are not allowed to buy the Goods from us;
2.5.5 we are not allowed to sell the Goods to you; or
2.5.6 the Goods have been mispriced or misdescribed.
2.6 We will only accept your order when we have received: (a) your signed and submitted acceptance of the Proposal; and (b) payment of the initial deposit of 50% of the total price of the order. At which point, we will email or, if requested, write to you to confirm this (the “Confirmation of Order Email”) and at this point a legally binding agreement will be in place between you and us.
2.7 If you are under the age of 18, you are not permitted to buy Goods from us.
2.8 If you cancel an order:
2.8.1 prior to us commencing production of the Goods detailed in your Confirmation of Order Email, we will retain the greater of: (i) £2,500, or (ii) 5% of the total order value, as detailed in paragraph 2.6; or
2.8.2 where we have commenced production of the Goods at the time of cancellation, we will retain the entire initial 50% deposit paid by you, save that where you have confirmed and acknowledged at the time of placing your order that planning permission is required, we shall in either case retain only: (i) £2,500, or (ii) 5% of the total order value, whichever is the lesser amount.
GA Drawings
2.9 Once we have sent you the Confirmation of Order Email as set out in paragraph 2.6, we will produce for you our general arrangement drawings (the “GA Drawings”) for the Goods you are purchasing from us. This includes details and instructions you will need for your contractor to build you your base, foundations and dwarf wall and/or if applicable for you to apply for permitting/planning permission. GA Drawings are intended to identify the dimensions, configuration and general requirements applicable to the Goods and to assist Customer and Customer’s contractors in preparing the Site. Customer shall carefully review the GA Drawings and shall promptly notify Hartley of any errors or requested modifications. Customer’s written approval of the GA Drawings shall constitute Customer’s confirmation that the dimensions, configuration, orientation, door locations, accessories, colours and other matters depicted therein are correct. Hartley shall not be responsible for errors or omissions resulting from inaccurate dimensions, information or specifications supplied or approved by Customer or Customer’s architect, contractor, engineer or other representative.
2.10 Following Customer’s approval of the GA Drawings, no modification to the Goods, specifications, Site conditions or scope of work shall be effective unless consented to by Hartley in writing in its sole discretion. Customer shall be responsible for all additional design, engineering, manufacturing, material, labour, storage, mobilisation and other costs arising from any Customer-requested change, together with any resulting extension of the manufacturing, delivery or installation schedule.
3 Prices and payment
3.1 All prices are inclusive of value added tax (VAT) (as applicable) at the applicable rate, duties, tariffs and other governmental fees and taxes and unless expressly stated otherwise are inclusive of delivery and installation charges for mainland UK. If the rate of VAT changes between your order date and the date we supply the Goods, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
3.2 Prices for our products may change from time to time but such changes will not affect your order that we have confirmed to you in our Confirmation of Order Email or mail pursuant to paragraph 2.6 unless:
3.2.1 a period of twelve (12) months or more has elapsed from the date of our Confirmation of Order Email and we and you have not confirmed a production and installation date for the Goods during such period. In such case, we will be entitled at our discretion to amend your order and issue a new price (and paragraph 2.6 will apply); and/or
3.2.2 we need to make changes to the price that relate to events that are beyond our reasonable control including price changes required due to governmental surcharges.
3.3 If we’re unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above Bank of England’s base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
3.4 We accept payment from most major credit cards, debit cards, by cheque and bank transfers. We do not accept cash.
3.5 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
3.6 Your credit card or debit card or account will be charged when the Goods are ordered. If payment is not provided in full, your Goods will not be despatched, and you will be informed. All payments by credit card or debit card or payment service provider need to be authorised by the relevant card issuer or payment service provider.
3.7 The price of the Goods:
3.7.1 is in pounds sterling (£) (GBP); and3.7.2 for non-UK mainland deliveries, delivery and installation costs will be discussed and agreed with you and a quote will be provided before you place your order.
3.7.2 for non-UK mainland deliveries, delivery and installation costs will be discussed and agreed with you and a quote will be provided before you place your order.
3.8 Further to paragraph 2.6, we will require cleared payment of the remaining 50% of the total order value or remaining balance of the order or whichever is applicable at the time at least 72 hours before the agreed date of delivery.
4 Your legal right to change your mind
4.1 As a consumer, you will have certain statutory rights. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (referred to here as the “distance selling regulations”) do not apply to all distance selling contracts as there are a number of exemptions to the distance selling regulations one of which is of personalised Goods or Goods made to a customer’s specifications. This applies to the Goods that you will buy from us.
5 Receipt, delivery and title
5.1 If not included within the agreed price of your order, the costs of delivery and/or installation to mainland UK addresses will be notified to you before you place your order. If you request delivery and installation outside of the mainland UK, we will discuss your requirements with you, and we will be able to provide a quote for this. Additional delivery charges will apply for deliveries outside of the mainland UK and/or deliveries with specific delivery timings or requirements (including, but not limited to, access restrictions, or the need for specialist equipment or vehicles including tail lift offload, forklift and on-road load handling equipment or non-standard delivery vehicles), all of which shall be agreed with you prior to delivery.
5.2 The estimated date and location for delivery of the Goods is stated in the Confirmation of Order Email (see paragraph 2.6). If something happens which affects the estimated date of delivery, we will contact you as soon as possible and let you have a revised estimated date for delivery of the Goods. We accept no liability to you or any third party in the event we are required to propose a new delivery date.
5.3 Delivery of the Goods will take place when we deliver them to the delivery address that you have provided.
5.4 We try to deliver Goods at a time that is confirmed by you with our customer fulfilment team.
5.5 If no one is available at your address to take delivery of the Goods, we will contact you via the contact details you have provided to us informing you of how to rearrange delivery. Failed deliveries without prior notice will incur additional delivery charges at our discretion.
5.6 You are responsible for the Goods when delivery has taken place. The risk in the Goods passes to you when you take possession of the Goods.
5.7 We reserve the right to deliver your Goods in instalments. If your Goods are delivered in this way, we will contact you prior to delivery to advise and discuss arrangements in connection with this.
5.8 Any dates quoted for delivery are approximate. We will make every effort to deliver Goods ordered on the agreed date but will not be responsible for any delay in delivery of Goods that is caused by (i) an event outside our control; or (ii) your failure to provide us with adequate delivery instructions and a suitable location for delivery.
5.9 Delivery will be completed when we deliver the Goods to the address you provided (for UK deliveries). For deliveries outside of the UK delivery will be completed when we have securely loaded the Goods at the location from which they are collected by you or a person acting on your behalf.
5.10 If you have requested that your Goods need not be signed for, you must provide instructions as to where to leave them. We accept no responsibility for any Goods after leaving them as instructed by you.
5.11 If you are collecting the Goods from our premises, risk of damage or loss of the Goods will pass to you at the time of collection. Final payment must be received at least 72 hours before the agreed collection date. Notwithstanding collection and passing of the risk of damage or loss, Goods will remain our property until we receive payment in full (cleared funds) for the Goods and any other services that we have supplied to you for which payment has become due, in which case ownership in the Goods will pass to you at the time of payment of all such sums.
5.12 If we are delivering the Goods to you, risk of damage or loss of the Goods will pass to you at the time of delivery and ownership of the Goods will pass to you once we have received payment in full, including all applicable delivery and installation charges and we have delivered the Goods to you.
6 Land, erection and installation
6.1 Unless expressly stated to the contrary, all installation or erection of your Goods needs to be on a level and square base that is appropriately prepared by yourselves (the “Site”) and aligned to the supplied GA Drawings. We will require the Site to be (but not limited to):
6.1.1 free of obstruction; free of any overhanging trees or electrical or other wires; free of any overhanging rooflines and have ample working space of a minimum of 2-metre clearance
6.1.2 Customer is solely responsible for the adequacy, structural integrity, dimensions, elevations, drainage, grading, construction, condition and suitability of the Site and all foundations, bases, slabs, dwarf walls, masonry, utilities and other work not expressly included within Hartley Botanic’s scope of work under the Proposal. Any inspection, review, measurement, observation or other activity undertaken by Hartley Botanic shall not constitute Hartley Botanic’s approval, certification, warranty or acceptance of the design, construction, structural integrity, suitability or building regulations compliance of the Site or any work performed by Customer or any third party.
6.1.3 Hartley Botanic shall have no liability or responsibility for concealed, latent, subsurface or unknown conditions at the Site, including unsuitable or unstable soils, groundwater, underground utilities, undocumented structures, buried materials, subsurface obstructions, hazardous or contaminated materials or other conditions not created by Hartley. Any additional work, delay, mobilisation, remobilisation, material, equipment, travel or other cost or expense resulting from any such condition shall be the responsibility of Customer and shall constitute an additional charge under this Contract.
6.2 We cannot take down or provide services, disassemble, move or remove any existing buildings, foundation, structures or objects that are on the prepared base or within the surrounding area.
6.3 We cannot dispose of or remove any existing buildings, structures, foundation or objects that may or do impede the installation on the Site. Please contact us prior to installation if you have any concerns. We do not provide services for (but not limited to) dwarf wall requirements, lead dressing, flooring, decorating, plumbing, heating or power supplies (the “Requirements”). We will not accept any liability to yourselves or any third party due to delays in installation as a result of these or for any losses that you incur in preparation for this paragraph 6.3.
6.4 If installation of the Goods is to be undertaken by us, we will require your confirmation no later than thirty (30) days prior to the agreed date of installation that the Requirements in Section 6 are all in order in accordance with the GA Drawings provided. Onsite, installation of the Goods cannot occur until we are fully satisfied the base has been installed to the specification provided in the GA Drawings. We accept no responsibility to you or any third party due to delays in installation pursuant to this paragraph 6.4. Any rescheduled installation will be subject to our availability, and a revised date will be agreed with you accordingly.
6.5 If we have to postpone the agreed installation at any time, for something that you or any third party has done wrong or failed to do, we will charge a minimum £500 fee for UK mainland installations as a result of the postponed installation and for our team to return to complete the installation at a later date. For non-mainland UK or non-UK installations we will charge you: (i) a minimum £1,000 fee if the postponement occurs before we arrive to carry out the installation; or (ii) the agreed costs for the installation if the postponement occurs after our team has arrived, we will charge you and in either case provide you with a further quote to carry out the installation. We will not be responsible to you or any third party for the use or installation of any structures, objects or products supplied by you (or by third parties on your behalf).
7 Nature of the Goods
7.1 Goods supplied to you will be:
7.1.1 of satisfactory quality;
7.1.2 fit for purpose; and
7.1.3 match the description given to you prior to you placing your order.
7.2 We will try to ensure that the colours of our Goods are displayed accurately across all media, however, as the actual colours you see will depend on your monitor or other device, we cannot guarantee that your device’s display of any colour will be accurate.
7.3 Any Goods sold:
7.3.1 at discount prices; or
7.3.2 that are ex-display models, will be identified and sold as seen or sold ‘as is’ or as described.
7.4 If we cannot supply certain Goods, we may substitute them with alternative Goods of an equal or sometimes better standard and value. In such cases:
7.4.1 we will let you know if we intend to do so; and
7.4.2 you can refuse to accept such substitutes, in which case we will offer you a refund for the Goods not supplied.
8 Faulty Goods
8.1 Your legal rights under the Consumer Rights Act 2015 are known as “statutory rights”. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. For more detailed information on your rights and what you should expect from us, please visit the Citizens Advice website www.citizensadvice.co.uk or call 03454 04 05 06.
8.2 You may also have other rights in law. For clarity, the Contract will govern the purchase of Goods from us.
8.3 If you find that your Goods are faulty, please contact us using the contact details at the top of this page and share details of the fault and include photographs.
8.4 We honour our legal duty to provide you with Goods that are as described to you on our website and that meet all the requirements imposed by law.
8.5 Customer shall inspect the Goods promptly following delivery, and installation if performed by Hartley Botanic. Customer shall notify Hartley in writing within ten (10) days after delivery or installation, as applicable, of any visible shortage, damage, defect or nonconformity reasonably discoverable upon inspection. Customer’s failure to provide such notice shall constitute acceptance of the Goods with respect to conditions reasonably discoverable upon inspection, subject to Customer’s rights under Hartley Botanic’s applicable written limited warranty and any rights that cannot lawfully be waived or limited.
9 Our rights to end the Contract
9.1 We may end the Contract for Goods at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
9.1.2 we are out of stock of the Goods that you have ordered, in which case we will inform you in writing and refund you in full; or
9.1.3 you do not within a reasonable time and no later than within ninety (90) days of the date of the Goods being manufactured in accordance with your instructions, allow us to deliver the Goods to you.
10 Ending the Contract
10.1 If this Contract ends, you must pay to us all money due, which we reserve the right to collect as a debt.
11 Limit on our responsibility to you
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
11.1.1 losses that you suffer if the loss:
11.1.1.1 is not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
11.1.1.2 is not caused by any breach on our part; or
11.1.1.2.1 is something you could have avoided by taking reasonable action;
11.1.1.2.2 business losses; and
11.1.1.2.3 losses to non-consumers.
For the purpose of paragraph 11.1.1.1, loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both you and ourselves knew it might happen, for example (but not limited to), if you discussed it with us during the sales process.
11.2 Hartley Botanic shall not be liable for any delay, failure or interruption in manufacture, shipment, delivery, installation or other performance caused by circumstances beyond Hartley Botanic’s reasonable control, including acts of God, fire, flood, severe weather, hurricanes, earthquakes, epidemics, pandemics, war, terrorism, civil unrest, strikes, labour disputes or shortages, material or component shortages, supplier delays or failures, transportation interruptions, port congestion or closures, shipping container shortages, customs delays, embargoes, governmental actions, changes in law, tariffs, duties, import restrictions, utility interruptions or any similar event beyond Hartley Botanic’s reasonable control. Hartley Botanic’s time for performance shall be extended for such period as Hartley Botanic reasonably determines is necessary as a result of the applicable event, and Hartley Botanic shall not be liable for any loss, cost or expense resulting from such delay.
12 You have several options for resolving disputes with us
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with the Goods or our service to you, please contact us (using the contact details at the top of these terms and conditions) as soon as possible and we will try to resolve the problem.
12.3 If we are unable to resolve the problem and you wish to bring legal proceedings, this Contract is governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
13 Other important terms that apply to our Contract
13.1 If a court invalidates some of this Contract, the rest of it will still apply. If a court or law or relevant authority decides that any sections of this Contract are unlawful or unenforceable, the remaining paragraphs in the Contract will remain in full force and effect at all times.
13.2 Even if we delay in enforcing the Contract, we reserve the right to 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. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
13.3 Nobody else has any rights under this Contract. No one other than a party to this Contract has any right to enforce any term of this Contract.
13.4 We can transfer our Contract with you, so that a different organisation is responsible for supplying your Goods. We may transfer our rights and obligations under the Contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
13.5 You can only transfer your Contract with us to someone else if we agree to this. You may only transfer your rights or your obligations under the Contract or any guarantee which we issue to you in relation to the Goods to another person if we agree to this in writing.