Terms & Conditions

Our aim is to provide you with high quality service before, during and after you place your order. To make this possible we use the following procedures.

By placing an order you accept these terms of business and the following General Terms and Conditions.
No contract for sale exists until this is confirmed to you by email from us.

We try to ensure that the prices shown for each item are accurate, but they are subject to change without notice.
The final purchase price will be quoted to you when the order is confirmed. If the price is different from that on the website we will advise you of the new price by email.

We reserve the right to refuse orders should we be unable to provide the items.

Many items are kept in stock and we will aim to ship these quickly to you as stated in delivery times. For items, which are out of stock, we will advise you of the anticipated delivery time.

Your credit/debit card will not be charged until we have confirmed the price and availability of the items requested.
Methods of payment are shown on the website.

Packing and shipping charges for deliveries within the mainland UK are listed on the website.
Deliveries to other locations will be charged at cost.

Should items be damaged or incomplete upon arrival at your nominated delivery address you must inform us by phone, fax or email within 72 hours of receipt.
Please retain all packing materials and documentation.

In accordance with UK Data Protection laws we undertake to protect personal data you provide. (See General Terms & Conditions below)

General Terms and Conditions

Definitions

"Conditions" means these terms and conditions: "Personal Information" means any personal details provided by you via the Website; "User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires; "We/us/our" means BHGS Limited, "Website" means the website located at https://www.bhgsltd.co.uk/ or any subsequent URL which may replace it; and "You/your" means you as a user of the Website.

Indemnity

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.

Our Rights

We reserve the right to:
Temporarily or permanently we may modify or withdraw, the Website (or any part of) with or without notice and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
We may change these conditions from time to time and your continuing use of the web site (or part of it) after the change shall be deemed your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then should stop using the Website.
We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Your Data

We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.

You should be aware that:
If we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so;

and

We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise. (See our separate Privacy Policy)

Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
The Website is Copyright, BHGS Limited. All rights reserved.

Entire Agreement

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of the United Kingdom whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Purchase of Melcourt Products

It has been found that in less than 0.5% by volume of Melcourt Sylvamix® sold, a fungal infection, Melanoleuca verrucipes has caused damage to some plants grown in the product.  Having drawn this to your attention, if this or any other problem related to Sylvamix happens when utilising Melcourt Sylvamix, we will not be liable to you under section 14 of the Sale of Goods Act 1979 or otherwise, to the extent that this makes the quality of the goods unsatisfactory to you or your customer. However, if you or your customer can demonstrate to our reasonable satisfaction that it is Melcourt Sylvamix that has caused an infection of Melanoleuca verrucipes or any other problem at your premises, then we will make a refund toyou of the price your customer paid for the product plus up to 50% of the price paid for the goods, on an ex gratia basis.