Terms of Service

We offer this website (“Site”), including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our “Service” and you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using this website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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.

Any new features or tools which are added to the current website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

Our Terms of Service can potentially change or be updated at any time, and it is up to you to check them regularly for changes before engaging in our Service and ordering products from us. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

If you do not agree with these Terms of Service set out below, please do not use or access this website.

Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

If you have any queries about these Terms of Service, please contact us before engaging with the Site or placing an order.

You must be eighteen years old or older to use our Site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site. Unfortunately, any such breach or violation of the Terms will result in an immediate termination of your services.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our website.

During the registration process, you must choose a username and password. You are responsible for safeguarding the password that you use to access the website and for any activities or actions under your password, whether your password is with our website or a third-party service.

You agree that you will only purchase from us under your own username and password.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You agree you will not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.

If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.

By using this Website, you consent to the processing of your data and warrant that all data provided by you is accurate. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Our privacy policy sets out how we will use your information and you can find it at hortuly.co.uk/privacy-policy.

By making a purchase (“Purchase”), you agree to provide accurate and complete order and account information for all transactions on our website. It is your responsibility to ensure that your account details, including name, email address, credit card or bank account numbers, expiration dates, billing address and shipping information are current and up to date to facilitate seamless transactions and communication with us.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (ii) any credit card(s) or other payment method(s) are personal accounts held in your own name, not in the name of any others and not business accounts; and (iii) the information you provide to us is accurate, complete, and up-to-date. You expressly agree that we shall not be liable for any loss or damage arising from the submission of false or inaccurate information.

You agree that you will not use a false name or a known invalid credit or bank card to order. This is a crime, and anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law.

By submitting such information, you grant us the right to share the information with third parties to facilitate the completion of Purchases. Please read our Privacy Policy to understand how we use and keep your personal information safe: www.hortuly.co.uk/privacy-policy.

Refusing and cancelling orders

We reserve the right to refuse or cancel your order at any time for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, or other reasons. You expressly agree that we cannot accept any liability for loss or damage arising out of such cancellation.

We also reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. Such limitations may apply to orders made under the same customer account, credit card, billing address, or shipping address. If we modify or cancel an order, we may attempt to notify you by email and/or billing address and/or  phone number provided as contact information at the time the order was made.

We also reserve the right to restrict orders that, in our sole judgment, appear to be made by dealers, resellers, or distributors.

We are constantly updating our offerings of products and services on the website. Occasionally, there may be instances where information on our website or in our services contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We retain the right to address any such errors, inaccuracies, or omissions, and to make necessary changes or updates to the information provided, including the option to cancel orders if needed, without prior notice. This may occur even after an order has been submitted.

While we aim to ensure the accuracy and completeness of the information presented, we do not have a mandatory obligation to routinely update, amend, or clarify the information on our website or in our services, except as required by law. Therefore, the absence of a specified update or refresh date should not be interpreted as an indication that all information on our website or in our services has been modified or updated.

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue any aspect of our service at any time without notice. These modifications may be necessary to enhance the overall customer experience or to address technical or operational considerations.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

Purchasing Currency is GBP (Pound Sterling). Prices displayed for products and services exclude postage & packaging fees and are inclusive of VAT (where applicable). We reserve the right to change our product prices at any time and without prior notice to you. This does not apply to orders already placed & paid in full and to which you have received an Order Confirmation email.

Postage will be charged as stated on the website, unless otherwise arranged with the customer. We reserve the right to change and amend our postage prices and / or methods of shipping. For details of our shipping conditions, please refer to our Delivery and returns page: hortuly.co.uk/delivery-and-returns.

Our website offers a range of natural skincare and home fragrancing products for sale. While we strive to accurately display the colours and images of our products, we cannot guarantee that your computer monitor’s display will be entirely accurate. We cannot accept responsibility for any omissions.

Every effort has been made to ensure that all product descriptions are as precise as possible at the time of publication. However, we cannot accept responsibility for any omissions or errors in this information.

Certain products or services may be available exclusively online through promotional offers on our website. These items may have limited quantities and are subject to return or exchange only in accordance with our Return Policy, available to read here: hortuly.co.uk/delivery-and-returns.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis and reserve the right to limit or cancel quantities purchased per person, per address, or per order.

We reserve the right to limit or cancel orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

All product descriptions, pricing, and availability are subject to change at any time without notice at our sole discretion. We reserve the right to modify or discontinue any product or service at any time without prior notice. You agree that it is your responsibility to monitor changes to our website, including any modifications to product descriptions, pricing, or availability.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, including access to the Service or any content on the website.

All rights, including copyright, in the content of the website are exclusively owned or controlled by us. By accessing our website, you acknowledge and agree that you may only download the content for your own individual and non-commercial use. It is strictly prohibited to copy, broadcast, download, store (in any medium), transmit, publicly display, adapt, or modify the content of the website for any other purpose. The entire website is protected by copyright, trademark, intellectual property, and other applicable laws, with all rights reserved.

You can make purchases on the website using most major personal credit/debit cards. Payments are processed securely through WooCommerce. We do not hold your payment details.

Payment will be debited from your account when your order is acknowledged. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your payment card issuer refuses or does not authorise payment to us, we cannot be held liable for any delays or non-delivery of products or services. Please be aware that we retain legal ownership of all products or services until full payment has been received.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

You agree that we may at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any ‘comments’ (creative ideas, suggestions, feedback, proposals, plans, or other materials) you send us, whether online, by email, by postal mail, or otherwise. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Your submission of personal information through the website is governed by our Privacy Policy which can be located on our website and accesses here: hortuly.co.uk/privacy-policy.

In addition to other prohibitions as set out in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any United Kingdom or international regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer

The information provided on this website is for general informational purposes only. We make no representations or warranties of any kind, express or implied, about the accuracy, reliability, suitability, or availability of the information contained on the Site.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limit to liability

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

While we strive to provide accurate and reliable information, customers are reminded to carefully read all product instructions and use the products only as intended. We shall not be held liable for any damages, injury or illness caused by the misuse of any product or service. It is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner. We shall not be held responsible for any damages, injury or illness that occur due to an allergic reaction, or as the result of any other unforeseen occurrence.

You agree to defend, indemnify and hold harmless RJB Projects (trading as Hortuly) and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitor’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

We reserve the right to end our contract with you and to suspend or terminate your access to the site immediately and without notice or liability for any reason whatsoever, including without limitation under the following circumstances. You will remain liable for all amounts due up to and including the date of termination:

   – If you fail to make payment to us when due.

   – If you breach any of our Terms and Conditions.

   – If, when requested by us to do so, you fail to provide within a reasonable time frame enough information to let us check the accuracy and validity of any information supplied by you, or your identity.

   – If, when requested by us to do so, you fail within a reasonable timeframe to either allow us to deliver the product to your address or collect it from us.

   – If we suspect you have engaged, or are about to engage, or have any way of being involved in fraudulent or illegal activity on our website.

Upon termination, you must cease all use of our services and any further access to the site will be denied. Any provisions of the Terms of Service which, by their nature, should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Termination of this contract does not affect any rights, obligations, or liabilities which have already accrued prior to termination, nor does it affect any provisions intended to survive termination.

Users have the option to terminate these Terms of Service at any time by informing us in writing that they no longer wish to use our services or by ceasing to use our site.

Any obligations or liabilities incurred by either party before the termination date will continue even after the contract ends.

How we will notify you of termination

We will send notification to you via email through the messaging system of our online shop platform. The notification will clearly state that the contract has been terminated and the reason for termination.

We will send the notification as soon as possible after the decision to terminate the contract has been made, to ensure that you are informed in a timely manner.

Your statutory rights

Our Returns Policy does not affect your statutory rights.

Right to Cancel

You have the right to cancel this contract within 14 days without giving reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. in an email to us). You may use the example model cancellation form below, but it is not obligatory.

Deadline
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the 14 day cancellation period has expired. You then have another 14 days from the day you inform us to send the item back for a refund.

Effects of Cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the cost of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay and not later than:

(a)14 days after the day we receive back from you any goods supplied; or

(b)(if earlier) 14 days after the day you provide evidence that you have returned the goods; or

(c)if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

You will have to bear the direct cost of returning the goods to us.

Retention of Reimbursement
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Return of Goods
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us.  

Please ensure that the items you are returning are unopened and in any original packaging.

Unwanted goods need to be in pristine condition with any retail seals unbroken.

Model Cancellation Form

To:

admin@hortuly.co.uk

I hereby give notice that I cancel my contract of sale of the following goods:

Ordered on:

Order number:

Name of customer:

Address of customer:

Signature of customer (only if sent by paper):

Date:

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The Conditions will be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

General Promotion Terms and Conditions

1. Promoter: RJB Projects (“Hortuly”), who will be contacted via admin@hortuly.co.uk.
2. We run promotions on our website. These promotions may be:

Exclusively online promotions for the website

3. These general Terms and Conditions shall apply to each promotion, and each promotion also has its own specific terms. Other exclusions may apply, and you should always refer to the promotion-specific terms set out below for this information.
4. Promotions must be applied at the time of placing the order. Promotions cannot be applied retrospectively.
5. Where promotional discounts are applied to individual items, the promotion will give clear details on how the discount is applied. In the event of a return, you will be refunded the amount paid in the initial transaction.
6. Where promotional discounts are applied to whole orders, the discount will be applied to the basket value. In the event of a return, refunds will be based on the total amount paid for your purchased item(s) less the discounted value. Where multiple items are purchased in the same transaction, the discount will be applied proportionately against the cost of each of the items. If only one/some of the items are returned, the amount refunded will be the full price of the returned item(s) less the pro-rata discount amount.
7. Promotional codes cannot be used in conjunction with any other promotion or discount unless stated. Promotions cannot be exchanged for cash.
8. Promotional codes shall only be applicable to full-priced items only, unless the promotion-specific terms set out below specifically include sale items.
9. Promotional codes cannot be applied to delivery fees.
10. Promotions are open to customers aged 16 years or over.
11. We reserve the right to amend the rules of the promotion(s), to withdraw promotions at any time if circumstances beyond our control make this unavoidable, to cancel any order where a promotional code has been used inappropriately, or to cancel free gifts or gifts with purchases in the event of non-compliance with these Terms and Conditions or the promotion-specific terms.
12. Acceptance of the discount or promotion constitutes the customer’s full and unconditional agreement to these Conditions and the promotion-specific terms set out below and any decision reached by us, which are final and binding in all matters related to the promotions.
13. With the exception of liability which cannot be excluded by law, we are not liable for, and you release us from, liabilities relating to any direct or indirect loss or damage which is suffered as a result of the promotions.
14. If you have elected to be added to Hortuly.co.uk’s email database, you will also receive emails about collections and promotions. You can unsubscribe at any time. We will keep your personal information safe and will use your personal information in accordance with the privacy policy available on our website (hortuly.co.uk/ privacy-policy).
15. These general promotion Terms and Conditions, and all promotion-specific terms set out below, will be governed by and construed in accordance with the laws of England and Wales.
16. If you feel like a Current Promotion is not working as you expect, please contact our Customer Service team. 

Surveys

• Promotional code is redeemable at Hortuly.co.uk and is applicable to full priced items and not sale products.
• Code cannot be used in conjunction with any other discount code.
• The code is valid until the end of the stated promotional period.

New Customer Promotions

• Code is exclusive to new customers and on first orders only.
• Insert applicable discount code at checkout to apply discount.
• No minimum spend required.
• Code cannot be used in conjunction with any other discount code.

You can review the most current version of the Terms of Service at any time at this page: Hortuly.co.uk/terms-of-service.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about these Terms of Service should be sent to us using our website “Contact Us” form or to: admin@hortuly.co.uk.