Terms & Conditions

Overview

This website is operated by Living Windows. Throughout the site, the terms “we”, “us” and “our” refer to Living Windows. Living Windows offers this website, 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 agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.

Please read these Terms of Service carefully before accessing or using our 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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.

1. Online Store Terms

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.

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria, Switzerland and the Netherlands.
Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United Kingdom, Germany, Sweden, Norway, Denmark and Finland.
Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited directly after placement of your order.
Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service or in case of a subscription in accordance with the timelines communicated. You will be notified about the date(s) by email.
Card Payments: Available in the United Kingdom. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.

The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

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.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Modifications to The Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

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

5. Products or Services (If Applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

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. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

5a. Design Works & Quotes

Design prices are sent in document form via email.

5b. Residential Planting Membership(s)

One Membership is an annual subscription that the customer pays in full to Living Windows Ltd. The price for planting memberships is as follows

50cm box is £209.88 inc VAT for an annual price or £64.99 quarterly
75cm box is £255.60 inc VAT for an annual price or £76.99 quarterly
100cm box is £359.99 inc VAT for an annual price or £107.99 quarterly
120 cm box is £433.99 inc VAT for an annual price or £130.99 quarterly

If boxes are not on the ground floor they are subject to a 5% surcharge.

When determining unit size, the company shall use its discretion if the unit is categorised under “bespoke”. The size of the unit is relative to the average of the set sizes.

The dates of a Planting Membership Renewal will follow the business annual schedule. This is a quarterly schedule, as follows:

Winter: December to February
Spring: March to May
Summer: June to August
Autumn: September to October

Planting for a box is considered as follows:

50cm box will receive 1 shrub, 4 trailing plants and 4 perennials
75cm box will receive 2 shrub, 6 trailing plants and 5 perennials
100cm box will receive 2 shrub, 8 trailing plants and 8 perennials
120 cm box will receive 3 shrub, 8 trailing plants and 10 perennials

During each quarter, planting can be delivered at any time. When is determined on the date the subscription service began. Living Windows will contact each customer two weeks prior to time for renewal. There will be a two-week waiting period in which the customer is given the opportunity to respond. After approximately two weeks, if Living Windows has not received a response or submission for an installation date, it is the customer’s responsibility to get in touch before the quarter is over.

Living Windows does not guarantee a planting update for any missed quarters. If your planting update for a quarter has been missed we will count that quarter as completed.

For the initial planting of a membership, the customer shall will receive a mixture of seasonal and evergreen plants. Following planting changeovers are only for the replacement or addition of bedding/seasonal planting. Any base planting, i.e. shrubs or trailing plants that need replacing shall incur additional costs.

The payment date for a Planting Membership does not determine the date of the first seasonal planting, and does not oblige Living Windows to arrange the planting within a specific time frame.

Customers shall always be contacted prior to any site visits, regardless of access to book an appointment for a Planting Membership.

Living Windows aims to deliver all membership orders and planting refreshes within a two-week time period of the date of purchase. Living Windows cannot guarantee the fulfillment of any planting deliveries within a time frame suitable for each customer.

Window Boxes and Planters exceeding large box dimensions will be charged based on customised requirements of plant choice and labour.

Living Windows will use its discretion on plant replacements. Plant replacements outside of planting changeovers will be charged for. Pricing is decided on a case-by-case basis but is usually as follows:

Shrub: £10
Perennial: £10
Trailing Plants: £5

5c. Commercial Planting Membership(s)

The dates of Commercial Planting Memberships follow the same business annual schedule as in section 5b. Pricing of memberships is based on the same sizes see of a large box, unless otherwise agreed. Delivery of services is not based on a specific time schedule and is subject to availability of Living Windows.

Planting is also subject to the same limitation of Residential Planting Memberships, unless otherwise agreed. See section 5b.

Three payment options exist for businesses in the form of packages. See below:

50cm box is £239.99 inc VAT for an annual price or £74.99 quarterly
75cm box is £285.99 inc VAT for an annual price or £86.99 quarterly
100cm box is £389.99 inc VAT for an annual price or £116.99 quarterly
120 cm box is £464.99 inc VAT for an annual price or £139.99 quarterly

If boxes are not on the ground floor they are subject to a 5% surcharge.

Site visits on request. Site Visits are limited to urgent matters regarding window box care, theft or plant health.

Substitutions are limited to planting that does not "take" or dies within the first two weeks of installation.

Dead Plant Replacement on request is subject to Living Windows availability. Living Windows will use its discretion on plant replacements. Plant replacements outside of planting changeovers will be charged for. Pricing is decided on a case-by-case basis but is usually as follows:

Shrub: £10
Perennial: £10
Trailing Plants: £5

5d. Bespoke

The bespoke service provided by Living Windows Ltd. is a personalised service that is priced on a needs basis. For each request, the company shall determine the service charge (if applicable) which includes (and not limited to): Material cost, labour cost, manufacturing costs, design costs and delivery costs. The rate of this service varies dependant on the complexity of the customer request.

Customers shall pay the rate deemed appropriate by Living Windows Ltd. based on the above criteria. Due to the nature of the service, the rate can and will fluctuate.

6. Garden Maintenance

FREE - ONE HOUR CONSULTATION

One of our experienced and skilled garden consultants will visit the site or review the works via email or over the phone with photos.

BOOKING FEE - FROM £75.00

This fee is charged to confirm an appointment. Depending on difficulty of works, the booking fee can range from £75 - £150.

The Booking Fee will cover the cost of the first 3 hours of work.

LABOUR - FROM £25.00 PER HOUR

Labour charged from an hourly rate of £25 p/h (depending on difficulty and number of team members on site). This is determined prior to the Booking Fee being paid.

7. Contractual Agreements

Any contracts written, development and presented by Living Windows are subject to change based on the discretion of the company, for and not limited to the individual natural of a project or projects.

All contracts are written per project or per customer or will otherwise adhere to these terms of service.

Any contract written on or before July 1, 2019 cannot be changed unless otherwise necessary, not limiting price and payment arrangements, schedule of project works or terms of determined on a client-by-client basis.

7a. Informal Contractual Terms

Contracts that are not written for clients, and are based on terms in writing, be it in email or other form of communication can and will be seen an agreement between Living Windows and person(s) of contact via these communications.

7b. Contractual Payments

Clients agree to buy and the Company (Living Windows) agrees to supply the Goods or carry out the Services as set out in any Purchase Order or Invoice agreed.

Clients shall name a Named Representative on the Purchase Order who shall have the requisite power and authorise payments.

i. The price of the Goods or the Services shall be as stated on the Purchase Order and no increase will be applied unless agreed in writing before the execution of the Contract (written or unwritten).

ii. Unless otherwise agreed in writing by both client and Company (Living Windows), the Company shall render a separate invoice in respect of each consignment delivered under the Contract.

iii. The client shall pay the Company (Living Windows) within the agreed terms of payment. As by law for the private sector, unless terms are agreed, both public and private sector payment terms are 30 days. 30 days after receipt of the Goods or the Services, the invoice shall be paid or interest shall accrue.

7c. Interest & Other Fees

Interest shall be calculated per day at 8% over the Bank of England base rate (https://www.bankofengland.co.uk/boeapps/database/Bank-Rate.asp) and compensation for debt recovery costs under the Late Payment legislation if the Company (Living Windows) is not paid according to the agreed credit terms.

8. Accuracy of Billing and Account Information

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 credit card, 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.

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 and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

9. Optional Tools

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.

10. Vouchers and Gift Cards

Gift codes entitle the holder to goods/services equal to the value stated on the voucher.

Gift codes may only be redeemed at https://www.livingwindows.co.uk.

Gift codes may not be exchanged (partly or fully) for cash.

Gift cards are not partially redeemable.

Gift codes may only be used once. Gift Codes may not be used in conjunction with any other offers or promotions.

Only one Gift Code may be used per transaction. Please contact orders@livingwindows.co.uk to merge orders made with multiple Gift Codes that are to be delivered at the same time.

If the Gift Code holder’s order value exceeds the amount of the Gift Code, the Gift Code holder will be required to pay for the remaining value of the order.

Gift Codes expire 12 months from the date of issue (date of issue is defined as the date of the email containing the Gift Code being sent to the purchaser).

Living Windows Ltd retains the right to refuse to redeem the Gift Code if we suspect any fraud relating to the Gift Code.

Living Windows Ltd is not liable for lost Gift Codes. Lost Gift Codes can only be replaced if adequate proof of purchase is provided and the Code has not been redeemed. Contact orders@livingwindows.co.uk in the event of a lost Gift Code.

11. Third-Party Links

Certain content, products and services available via our Service 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.

12. User Comments, Feedback and Other

Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 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.

13. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

14. 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.

15. Prohibited Uses

In addition to other prohibitions as set forth 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 international, federal, provincial or state 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.

16. Disclaimer of Warranties; Limitation of Liability

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.

In no case shall Living Windows, 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.

17. Indemnification

You agree to indemnify, defend and hold harmless Living Windows and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

18. Severability

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.

19. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

20. Entire Agreement

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.

21. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

22. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

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 periodically 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.

22. Contact Information

Address: Living Windows Ltd, 1a Goldsmiths Row, Hackney City Farm, E2 8QA

Email: contact@livingwindows.co.uk

Hours

Monday	9am – 5pm
Tuesday	9am – 5pm
Wednesday	9am – 5pm
Thursday	9am – 5pm
Friday	9am – 5pm
Saturday	12pm – 4pm*
Sundays	12pm – 4pm*

*Garden Centre Only

Questions about the Terms of Service should be sent to us at contact@livingwindows.co.uk or by clicking here.

Company No: 11640742
VAT No: GB315 6025 32