Terms & Conditions 

Title

Last updated: January 2026

Contents 

1. Introduction

2. Acceptance of Terms

3. Changes to Terms

4. About Us

5. Using Our Website

6. Creating an Account

7. Product Information

8. Pricing and Payment

9. Placing Orders

10. Order Confirmation and Acceptance

11. Product Availability and Substitutions

12. Delivery

13. Risk and Ownership

14. Returns, Refunds and Guarantees

15. Cancellations

16. Bespoke and Custom Orders

17. Plant Care and Guarantees

18. Your Responsibilities

19. Environmental & Sustainable Practices

20. Intellectual Property

21. Limitation of Liability

22. Indemnification

23. Third-Party Links and Services

24. Data Protection and Privacy

25. Cookies

26.Marketing Communications

27. Complaints and Disputes

28. Alternative Dispute Resolution

29. Governing Law and Jurisdiction

30. Severability

31. Waiver

32. Entire Agreement

33.Assignment

34. Force Majeure

35. Promotions & Offers

36. Amendments/General

37. Contact Us

1. Introduction

Welcome to Topiary Twins. These Terms and Conditions ("Terms", "T&Cs") govern your use of our website www.topiarytwins.co.uk (the "Site") and your purchase of products from us.

 

Please read these Terms carefully before using our Site or placing an order. By accessing or using our Site, or by placing an order, you agree to be bound by these Terms

.

If you do not agree to these Terms, you must not use our Site or purchase our products.

2. Acceptance of Terms

2.1 Agreement to Terms

 

By:

  • Accessing or browsing our Site
  • Creating an account
  • Placing an order
  • Using any of our services

You confirm that:

  • You have read and understood these Terms
  • You agree to be bound by these Terms
  • You are at least 18 years of age
  • You have the legal capacity to enter into a binding contract

2.2 Additional Policies

 

These Terms incorporate the following policies by reference:

These policies form part of these Terms. By accepting these Terms, you also accept those policies.

3. Changes to Terms

3.1 Our Right to Modify

 

We may update these Terms from time to time to reflect:

  • Changes in our business practices
  • Changes in law or regulation
  • Introduction of new features or services
  • Feedback from customers

3.2 Notification of Changes

 

When we make significant changes:

  • We'll update the "Last updated" date at the top of these Terms
  • We'll notify you by email (if you have an account or are subscribed)
  • We may display a prominent notice on our Site

3.3 Your Acceptance

 

Important: Continued use of our Site after changes take effect constitutes acceptance of the updated Terms.

If you don't agree to the changes, you must stop using our Site and contact us to close your account (if applicable).

 

3.4 Orders Placed Before Changes

 

Orders placed before Terms are updated will be governed by the Terms in effect at the time of order placement, unless otherwise required by law.

4. About Us

4.1 Company Information

 

Legal name: Topiary Twins Ltd
Company registration: Registered in England and Wales
Company number: 16920489
Registered office: 124 City Road, London, EC1V 2NX, United Kingdom
VAT status: Not currently VAT registered
Contact email: hello@topiarytwins.co.uk

 

4.2 What We Do

 

We source and supply hand-matched topiary pairs from specialist nurseries/growers in Europe. Our topiary is selected for architectural symmetry and delivered to UK mainland addresses.

 

Plant Health Registration: In accordance with our Plant Health Professional Operator registration, we sell to consumers (final users) for personal use in the UK only. Products are not for resale without our prior written consent. We maintain full plant health records and traceability as required by UK plant health regulations. 

CRN: 154353

5. Using Our Website

5.1 License to Use

 

We grant you a limited, non-exclusive, non-transferable license to access and use our Site for:

  • Browsing our products
  • Placing orders
  • Managing your account
  • Accessing information and content

5.2 Restrictions

 

You must not:

  • Use our Site for any unlawful purpose
  • Attempt to gain unauthorised access to our systems
  • Introduce viruses, malware, or harmful code
  • Copy, reproduce, or redistribute our content without permission
  • Use automated systems (bots, scrapers) to access our Site
  • Interfere with or disrupt our Site or servers
  • Impersonate any person or entity
  • Collect or harvest data about other users
  • Use our Site in any way that damages our reputation or business

5.3 Account Security

 

If you create an account:

  • You're responsible for maintaining the confidentiality of your password
  • You're responsible for all activities under your account
  • You must notify us immediately of any unauthorised access
  • We're not liable for losses arising from unauthorised use of your account

5.4 Suspension and Termination

 

We reserve the right to suspend or terminate your access to our Site if:

  • You breach these Terms
  • We suspect fraudulent or illegal activity
  • Your conduct is abusive or harmful to us or other users
  • Required by law or regulation

6. Creating an Account

6.1 Account Registration

 

To place orders or access certain features, you may create an account by providing:

  • Your name
  • Email address
  • Password
  • Delivery address

6.2 Account Information

 

You must ensure that all information you provide is:

  • Accurate and complete
  • Kept up to date
  • Not misleading or fraudulent

6.3 One Account Per Person

 

You may only create one account. Multiple accounts for the same person are not permitted.

 

6.4 Account Termination

 

You may close your account at any time by contacting us at hello@topiarytwins.co.uk.

We may close or suspend your account if you breach these Terms or for other legitimate reasons.

7. Product Information

7.1 Product Descriptions

 

We make every effort to ensure that product descriptions, images, and specifications on our Site are accurate. However:

 

Living plants vary: Topiary are living plants, not manufactured products. Natural variation in size, form, branching structure, and foliage density is normal and expected.

 

Images are illustrative: Product photos show representative examples. Your exact plants may differ slightly in appearance while still meeting our quality and matching standards.

 

Measurements are approximate: Heights and dimensions are measured per standard nursery practice and may vary by ±5cm depending on season, growth rate, and recent pruning.

 

7.2 Not Guarantees

 

Product descriptions, images, and specifications are for information purposes only. They do not form part of any contract unless explicitly stated.

 

7.3 Errors and Omissions

 

If we discover an error in product information or pricing:

  • We'll correct it as soon as reasonably possible
  • We'll contact you if the error affects your order
  • You'll have the option to proceed with the correct information or cancel

We're not obligated to honour prices or descriptions that contain obvious errors.

8. Pricing and Payment

8.1 Prices

 

All prices displayed on our Site:

  • Are in British Pounds Sterling (GBP)
  • Include delivery to most UK mainland addresses (additional charges for some remote areas calculated at checkout)
  • Do not include VAT (as we're not currently VAT registered)

Prices may change: We reserve the right to change prices at any time. Changes don't affect orders already confirmed.

 

8.2 Payment Methods

 

We accept:

  • Major credit and debit cards (Visa, Mastercard, American Express)
  • PayPal
  • Apple Pay
  • Google Pay
  • Klarna (financing option)

8.3 Payment Processing

 

Payment is required in full at the time of order. Your payment authorises us to begin sourcing your order immediately.

 

Payment is processed securely by our payment providers (Shopify Payments, PayPal, Klarna). We do not store your full payment card details.

 

8.4 Payment Authorisation

 

By providing payment information, you represent and warrant that:

  • You're authorised to use the payment method
  • Sufficient funds or credit are available
  • The information you provide is accurate and complete

8.5 Failed Payments

 

If your payment fails or is declined:

  • Your order will not be processed
  • We'll notify you by email
  • You may attempt payment again or contact us for assistance

We're not liable for any delays resulting from payment failures.

 

8.6 Currency Conversion

 

If your payment provider processes payment in a currency other than GBP, you may incur currency conversion charges from your bank or card issuer. We're not responsible for such charges.

 

8.7 Late Payment (Trade Customers)

 

For trade customers with agreed payment terms, we may charge interest and recovery costs in line with the Late Payment of Commercial Debts (Interest) Act 1998 if payment is not received by the due date.

9. Placing Orders

9.1 Order Process

 

To place an order:

  1. Select your products and add them to your basket
  2. Proceed to checkout
  3. Provide delivery and billing information
  4. Select payment method
  5. Review your order
  6. Confirm and pay

9.2 Order Acknowledgment

 

After placing your order, you'll receive an automatic "Order Received" email. This is an acknowledgment only, not acceptance. It confirms we're starting the sourcing process.

 

9.3 No Binding Contract Yet

 

Important: No binding contract exists until we send you an "Order Confirmation" email confirming that we've secured your specific plants and accepted your order.

Until then:

  • We may discover products are unavailable
  • Pricing or product details may change
  • We may be unable to fulfil your order

If we cannot fulfil your order, we'll notify you and issue a full refund.

10. Order Confirmation and Acceptance

10.1 When Contract Forms

 

A binding contract between you and us forms only when we send you an "Order Confirmation" email stating:

  • The specific products secured for you
  • Confirmed pricing
  • Estimated delivery timeframe
  • Any agreed substitutions or alternatives (if applicable)

10.2 Right to Refuse Orders

 

We reserve the right to refuse or cancel any order at any time before sending an Order Confirmation, for reasons including:

  • Product unavailability
  • Pricing errors
  • Suspected fraud or unauthorised transactions
  • Failure to meet eligibility requirements
  • Previous breach of our Terms
  • Other legitimate business reasons

If we cancel your order, we'll notify you and issue a full refund. We're not liable for any losses arising from order cancellation.

11. Product Availability and Substitutions

11.1 Sourcing Process

 

Your plants are sourced after you order. When you place an order, we immediately begin:

  • Contacting our European growers
  • Selecting and matching your specific pair
  • Arranging inspections
  • Completing phytosanitary paperwork
  • Organising consolidated transport to the UK

This ensures you receive genuinely hand-matched specimens, not approximate stock.

 

11.2 If Products Become Unavailable

 

Occasionally, specific sizes or forms may become unavailable after ordering due to:

  • Grower supply challenges
  • Quality control rejections
  • Stock allocation
  • Seasonal availability

If this occurs, we'll contact you promptly with options:

  • A comparable alternative (similar size/form from same species)
  • An extended timeframe to source your original selection
  • A full refund for the affected items

11.3 Substitutions Require Your Consent

 

We will never substitute without your explicit agreement.

 

If you accept a substitute, it becomes the contracted product for your order. If we can supply other items in your order, those are unaffected.

12. Delivery

Full delivery terms are set out in our Delivery Policy, which forms part of these Terms. Key points include:

 

12.1 Delivery Areas

 

We deliver to UK mainland addresses. Additional charges may apply to Scottish Highlands, islands, and remote postcodes (calculated at checkout).

We cannot deliver to Northern Ireland or Republic of Ireland due to plant health regulations.

 

12.2 Delivery Timeframes

 

Typical lead time: 14-21 working days from order confirmation.

 

We cannot guarantee specific delivery dates and are not liable for delays caused by circumstances beyond our control (courier delays, weather, border inspections, force majeure events).

 

Do not book contractors or tradespeople until delivery is confirmed.

 

12.3 Delivery Method

 

All orders are delivered via pallet to kerbside only. Couriers are not insured to enter your property or place plants beyond kerbside/driveway.

 

12.4 Inspection on Delivery

 

You must inspect plants on delivery and report issues within:

  • 24 hours for obvious damage or defects
  • 7 days for latent issues (before planting)

See our Delivery Policy (Sections 11-13) for full inspection requirements and evidence needed.

13. Risk and Ownership

13.1 When Risk Passes

 

Risk of loss or damage passes to you:

  • On delivery to the address you provided (including safe place delivery if authorised)
  • On collection from our fulfilment facility (if arranged)

From that point, you're responsible for care, handling, storage, and security.

 

13.2 When Ownership Passes

 

Ownership transfers to you only when:

  • We receive cleared payment in full for products and delivery charges
  • Products have been delivered or collected

Until both conditions are met, products remain our property.

 

13.3 Acceptance

 

Delivery is considered accepted when:

  • You sign Proof of Delivery (POD) without noting issues
  • Plants are moved from delivery point without noting concerns or taking photos
  • You authorise safe place delivery (inspection not possible)

This does not affect your statutory rights to report defects discovered within inspection windows.

14. Returns, Refunds and Guarantees

Full returns and refund terms are set out in our Refund Policy, which forms part of these Terms. Key points include:

 

14.1 No Cooling-Off Period

 

Plants are perishable goods. The standard 14-day cooling-off period for distance sales does not apply under UK Consumer Contracts Regulations 2013.

You cannot return plants for change-of-mind reasons once ordered, as we begin sourcing immediately.

 

14.2 Our Matching Guarantee

 

We guarantee each pair is genuinely hand-matched for symmetry. If specimens don't meet our pairing standards (height difference >2cm, uneven density, asymmetrical form), contact us within 7 days with photos for replacement or full refund.

 

14.3 Our Thrive Guarantee

 

If one plant doesn't thrive within 6 months despite proper care, we'll replace it for half the cost of a single plant. See Refund Policy (Section 3) for full terms and exclusions.

 

14.4 Damaged or Faulty Plants

 

Report arrival damage or defects within inspection windows (24 hours for obvious issues, 7 days for latent issues) with required photographic evidence for replacement or refund.

 

14.5 Your Statutory Rights

 

Nothing in these Terms affects your statutory rights under UK consumer law (Consumer Rights Act 2015).

15. Cancellations

Full cancellation terms are set out in our Refund Policy (Section 6). Key points include:

 

15.1 Cancellation Before Sourcing

 

If you cancel within 24 hours of order placement (before we begin sourcing), you'll receive a full refund.

 

15.2 Cancellation After Sourcing Begins

 

If you cancel after we've begun sourcing but before dispatch:

  • We'll refund you minus our reasonable, demonstrable costs incurred (typically 15-30% of order value)
  • On request, we'll itemise costs (grower fees, inspections, transport bookings, etc.)

15.3 Cancellation After Dispatch

 

Once plants are dispatched, cancellations cannot be accepted. As perishable goods, plants cannot be returned for change-of-mind reasons.

 

15.4 How to Cancel

 

Email hello@topiarytwins.co.uk with your order number and "Cancellation Request" in the subject line. We'll confirm next steps within 24 hours.

16. Bespoke and Custom Orders

16.1 What Qualifies as Bespoke

 

Orders qualify as bespoke/custom when plants are:

  • Specially shaped, sized, or pruned to your specification
  • Selected for specific requirements beyond our standard offerings
  • Custom heights outside standard ranges
  • Non-standard forms created to your requirements

16.2 Non-Refundable

 

Bespoke orders are non-refundable and non-cancellable once work has begun, except where we're at fault or law requires otherwise.

We'll always confirm in writing if your order qualifies as bespoke before commencing work.

17. Plant Care and Guarantees

Full plant care terms are set out in our Refund Policy (Section 9). Key points include:

 

17.1 General Position

 

Plants are living products. We do not guarantee growth or survival unless explicitly stated in writing for specific products.

Natural variation, seasonality, and site conditions all affect appearance and performance.

 

17.2 Your Aftercare Responsibilities

 

After delivery, you're responsible for:

  • Appropriate watering (especially during establishment)
  • Feeding 2-3 times per year
  • Regular pruning/trimming to maintain form
  • Winter protection where required
  • Suitable site selection and planting
  • Pest and disease management

17.3 What We Don't Cover

 

We're not responsible for plant failure caused by:

  • Incorrect planting or care
  • Over/under-watering or poor drainage
  • Unsuitable site conditions
  • Lack of maintenance
  • Pest/disease/weather damage after delivery
  • Failure to follow our care guidance

See Refund Policy (Section 9) for full exclusions.

 

17.4 Complimentary Aftercare Advice

 

We provide free aftercare advice for the life of your plants. Email photos to hello@topiarytwins.co.uk for diagnosis and guidance.

 

17.5 Pesticides and Chemical Treatments

 

Some plants may have been treated with fertilizers or approved plant-protection products in accordance with UK regulations during cultivation at our European nurseries.

 

Important safety information:

  • Check suitability for your site, especially where children or animals are present
  • Follow all safety guidance provided
  • Wear appropriate protective equipment when handling freshly treated plants
  • Wash hands after handling plants and before eating
  • Keep plants out of reach of children and pets until established

Misuse of chemicals or failure to follow safety guidance is at your own risk. We are not responsible for any harm arising from improper handling or use of plants that have been treated with approved products in accordance with regulations.

 

17.6 Plant Health Certification and Traceability

 

All plants are supplied with valid plant passports as required by UK plant health regulations. Plant passports provide:

  • Traceability from source nursery to customer
  • Confirmation of plant health inspections
  • Record of origin and movement

We maintain full sourcing and movement records as required by UK plant health law (APHA/DEFRA regulations). We may share information with regulatory authorities if required for plant health investigations or biosecurity purposes.

 

Your responsibilities:

  • Retain plant passports for your records
  • Cooperate with any plant health inquiries
  • Report any suspected plant health issues that may affect wider biosecurity

18. Your Responsibilities

18.1 Accurate Information

 

You must provide accurate, complete, and up-to-date information when:

  • Creating an account
  • Placing orders
  • Providing delivery details
  • Communicating with us

18.2 Delivery Cooperation

 

You must:

  • Ensure someone is available to accept delivery (or authorise safe place)
  • Disclose access restrictions when ordering
  • Provide a suitable delivery location (flat, solid surface for pallet)
  • Inspect plants on delivery and report issues within required timeframes
  • Have assistance available to move plants from kerbside

18.3 Payment Obligations

 

You must:

  • Ensure payment methods are valid and have sufficient funds
  • Not dispute valid charges with your card provider without contacting us first
  • Notify us of any payment problems

18.4 Account Security

 

You must:

  • Keep your password secure and confidential
  • Not share your account access with others
  • Notify us immediately of any suspected unauthorised access

18.5 Resale and Export Restrictions

 

Resale prohibited: Products are supplied for personal use within the UK only. You may not resell, redistribute, or export our products without our prior written consent.

 

This restriction applies due to:

  • Plant health professional operator registration requirements
  • Phytosanitary certification limitations
  • Warranty and guarantee terms (which apply only to original purchaser)
  • Traceability obligations under plant health regulations

If you resell or export without authorisation:

  • You are responsible for all permits, phytosanitary certificates, and compliance with destination laws
  • Our guarantees and warranties become void
  • We are not liable for goods detained, destroyed, or rejected due to non-compliance
  • You may be in breach of UK plant health regulations

For trade or bulk purchases, contact sales@topiarytwins.co.uk for appropriate terms.

 

18.6 Prohibited and Invasive Species

 

We do not knowingly supply plants prohibited under UK law or listed as invasive species under the Wildlife and Countryside Act 1981 and subsequent amendments.

 

Your responsibilities:

  • Ensure plants are suitable and lawful for your location
  • Check for any local planning restrictions or tree preservation orders
  • Do not plant invasive species in the wild
  • Dispose of plant material responsibly (not in countryside or waterways)
  • Comply with any biosecurity requirements in your area

You are responsible for ensuring plants comply with local regulations and any restrictions on your property.

 

18.7 Lawful Use

 

You must:

  • Use our Site and products lawfully
  • Not engage in fraudulent or abusive behaviour
  • Comply with applicable laws and regulations
  • Handle plants in accordance with plant health regulations

19. Environmental & Sustainable Practices

We are committed to environmental responsibility and sustainable business practices.

 

19.1 Our Commitments

  • Source from nurseries with sustainable growing practices
  • Minimize packaging waste where possible
  • Use recyclable and biodegradable materials where practical
  • Reduce transport emissions through consolidated shipments from Europe
  • Support long-term plant health and urban greening through quality products

19.2 Your Responsibilities

  • Reuse or recycle packaging materials where possible
  • Dispose of pallets and packaging responsibly (many can be repurposed)
  • Plant in appropriate locations to maximise environmental benefits
  • Follow our care guidance to ensure plants thrive for decades (reducing replacement need)

19.3 Statement of Intent

 

This section is a statement of our environmental values and does not create additional legal obligations beyond those required by law.

20. Intellectual Property

20.1 Our IP Rights

 

All content on our Site is owned by or licensed to us and protected by UK and international intellectual property laws, including:

  • Text, images, graphics, logos
  • Product photography and descriptions
  • Website design and layout
  • Software and code
  • Trade marks (including "Topiary Twins" name and logo)

20.2 License to Use Content

 

We grant you a limited, non-exclusive, non-transferable license to view and use our Site content for personal, non-commercial purposes only.

 

20.3 Restrictions

 

You must not:

  • Copy, reproduce, or redistribute our content without written permission
  • Modify, adapt, or create derivative works
  • Use our content for commercial purposes
  • Remove or alter any copyright notices or trade marks
  • Use our trade marks, logos, or branding without permission
  • Use automated systems to scrape or download content

20.4 User Content

 

If you submit content to our Site (e.g., product reviews), you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and publish that content for our business purposes.

 

You represent that you own or have rights to any content you submit and that it doesn't infringe third-party rights.

21. Limitation of Liability

21.1 What We Don't Exclude

 

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Breach of your statutory rights under the Consumer Rights Act 2015
  • Any other liability that cannot be excluded or limited by UK law

21.2 Types of Loss We Don't Cover

 

To the extent permitted by law, we're not liable for:

 

Indirect or consequential losses, including:

  • Loss of profits or business opportunity
  • Loss of anticipated savings
  • Loss of data or business information
  • Costs of substitute products or services
  • Damage to reputation

Losses arising from:

  • Delays in delivery beyond our control
  • Reliance on product descriptions or advice
  • Third-party actions (couriers, payment providers, etc.)
  • Website downtime or technical issues
  • Failure to follow our care guidance
  • Unsuitable site conditions or aftercare

Examples specifically excluded:

  • Costs of gardeners, landscapers, or contractors booked in anticipation of delivery
  • Costs of remedial planting or landscaping
  • Missed planting seasons or project delays
  • Loss of enjoyment or aesthetic impact

21.3 Cap on Liability

 

Our total liability for any claim arising from or related to:

  • Your order
  • These Terms
  • Use of our Site
  • Our products or services

is limited to the price you paid for the affected products.

 

This cap applies regardless of the legal theory (contract, tort, negligence, or otherwise).

 

21.4 Consumer Rights

 

If you're a consumer, these limitations don't affect your statutory rights under the Consumer Rights Act 2015. If products are faulty, misdescribed, or not fit for purpose, you have legal remedies regardless of these limitations.

22. Indemnification

22.1 Your Indemnity to Us

 

You agree to indemnify, defend, and hold harmless Topiary Twins Ltd, our directors, employees, agents, and contractors from all claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from:

  • Your breach of these Terms
  • Your violation of any law or regulation
  • Your violation of third-party rights
  • Your fraudulent or illegal conduct
  • Content you submit to our Site
  • Misuse of our products or services

22.2 Limitations

 

This indemnity:

  • Doesn't apply to losses caused by our negligence or breach
  • Is limited to direct losses reasonably foreseeable
  • Doesn't affect your statutory rights

22.3 Defence

 

We may assume control of the defence and settlement of any indemnified claim. You must cooperate reasonably and not settle or admit liability without our written consent.

23. Third-Party Links and Services 

23.1 Third-Party Links

 

Our Site may contain links to third-party websites, including:

  • Social media platforms
  • Recommended pot suppliers
  • Care resources and guides
  • Payment providers

23.2 No Endorsement

 

We don't control or endorse third-party websites. Links are provided for convenience only and don't imply our approval of their content, products, or services.

 

23.3 Your Responsibility

 

When you leave our Site:

  • You're subject to the third party's terms and privacy policy
  • We're not responsible for their content, accuracy, or practices
  • We're not liable for any loss arising from your use of third-party sites

We encourage you to read the terms and privacy policy of every website you visit.

 

23.4 Third-Party Services

 

We use third-party services to operate our business (Shopify, payment processors, couriers, email providers). Their terms and privacy policies apply to their services.

24. Data Protection and Privacy 

24.1 Our Commitment

 

We're committed to protecting your privacy and personal data in accordance with:

  • UK GDPR (General Data Protection Regulation)
  • Data Protection Act 2018
  • Privacy and Electronic Communications Regulations 2003

24.2 Privacy Policy

 

Our Privacy Policy explains:

  • What personal data we collect
  • How we use your data
  • Who we share data with
  • Your rights regarding your data
  • How we protect your data

The Privacy Policy forms part of these Terms. By accepting these Terms, you acknowledge our Privacy Policy.

 

24.3 Data Controller

 

Topiary Twins Ltd is the data controller for personal data we collect. We determine how and why your data is processed.

 

24.4 Your Rights

 

Under UK GDPR, you have rights including:

  • Right to access your data
  • Right to rectification
  • Right to erasure
  • Right to restrict processing
  • Right to data portability
  • Right to object to processing
  • Right to withdraw consent

See our Privacy Policy for how to exercise these rights.

25. Cookies 

25.1 What Are Cookies

 

We use cookies and similar technologies on our Site. Cookies are small text files stored on your device that help us:

  • Provide essential website functionality
  • Understand how you use our Site
  • Remember your preferences
  • Deliver relevant marketing

25.2 Cookie Policy

 

Our Cookie Policy explains:

  • What cookies we use and why
  • How to manage cookie preferences
  • Third-party cookies on our Site

The Cookie Policy forms part of these Terms.

 

25.3 Your Consent

 

By using our Site, you consent to our use of essential cookies (necessary for the Site to function).

 

For non-essential cookies (performance, functional, marketing), we'll ask for your consent via our cookie banner. You can change your preferences at any time through our cookie settings.

26. Marketing Communication 

26.1 Consent

 

With your consent, we'll send you marketing communications about:

  • New products and collections
  • Special offers and promotions
  • Seasonal care advice
  • Content from our Journal
  • Restock notifications

26.2 Soft Opt-In

 

If you've purchased from us or enquired about products, we may send marketing about similar products under UK "soft opt-in" rules (PECR 2003), provided you were given opportunity to opt out.

 

26.3 Opting Out

 

You can opt out of marketing at any time by:

  • Clicking "unsubscribe" in any marketing email
  • Updating preferences in your account settings
  • Contacting us at hello@topiarytwins.co.uk

Opting out doesn't affect transactional emails necessary for your orders.

 

26.4 Transactional Emails

 

We'll continue to send transactional emails (order confirmations, dispatch notifications, delivery updates) even if you opt out of marketing.

27. Complaints and Disputes 

27.1 Complaints Process

 

If you're unhappy with our products or service, please contact us at hello@topiarytwins.co.uk.

We aim to:

  • Acknowledge complaints within 2 working days
  • Investigate promptly and fairly
  • Provide a written response
  • Offer fair resolution where appropriate

Full details in our Complaints & Chargeback Policy.

 

27.2 Chargebacks

 

We encourage you to contact us before filing a chargeback with your card provider. Most issues can be resolved quickly without formal disputes.

See our Complaints & Chargeback Policy for when we may dispute chargebacks and how the process works.

28. Alternative Dispute Resolution 

28.1 ADR Availability

 

If we cannot resolve your complaint to your satisfaction, we'll consider Alternative Dispute Resolution (ADR) or mediation on request.

ADR is an independent, impartial service that helps resolve disputes without going to court.

 

28.2 ADR Providers

 

Details of appropriate ADR providers are available on request. Contact us at hello@topiarytwins.co.uk to request ADR consideration.

 

28.3 No Effect on Legal Rights

 

Using ADR doesn't affect your right to issue court proceedings if ADR is unsuccessful.

29. Governing Law and Jurisdiction

29.1 Governing Law

 

These Terms and any disputes arising from them are governed by the laws of England and Wales.

 

29.2 Jurisdiction

 

The courts of England and Wales have exclusive jurisdiction over any disputes arising from these Terms.

 

If you're a consumer residing in Scotland or Northern Ireland, you may also bring proceedings in the courts of Scotland or Northern Ireland respectively.

 

29.3 Consumer Rights

 

If you're a consumer, nothing in this section affects your statutory rights, including any rights you may have under the consumer protection laws of the country where you reside.

30. Severability 

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

  • That provision will be severed from these Terms
  • The remaining provisions will continue in full force and effect
  • The invalid provision will be replaced with a valid provision that reflects our original intent as closely as possible

31. Waiver 

31.1 No Waiver by Failure to Enforce

 

Our failure to enforce any provision of these Terms, or our delay in doing so, does not constitute a waiver of that provision or any other provision.

 

31.2 Waiver Must Be in Writing

 

Any waiver of our rights under these Terms must be in writing and signed by an authorised representative of Topiary Twins Ltd.

 

31.3 Single Waiver

 

A waiver of any provision on one occasion does not constitute a waiver of that provision on any other occasion or a waiver of any other provision.

32. Entire Agreement 

32.1 Complete Agreement

 

These Terms (together with the Privacy Policy, Cookie Policy, Delivery Policy, Refund Policy, and Complaints & Chargeback Policy) constitute the entire agreement between you and us regarding your use of our Site and purchase of our products.

 

32.2 Supersedes Previous

 

These Terms supersede any previous agreements, arrangements, or understandings between you and us, whether written or oral.

 

32.3 No Reliance

 

You acknowledge that you have not relied on any statement, representation, or warranty not expressly set out in these Terms.

 

32.4 Exception

 

Nothing in this section excludes liability for fraudulent misrepresentation.

33. Assignment 

33.1 Our Right to Assign

 

We may assign, transfer, or subcontract our rights and obligations under these Terms to:

  • Another company within our corporate group
  • A successor in connection with a merger, acquisition, or sale of assets
  • Third-party service providers to perform services on our behalf

33.2 Your Rights

 

You may not assign, transfer, or subcontract your rights or obligations under these Terms without our prior written consent.

 

33.3 Effect on Your Rights

 

Any assignment doesn't affect your statutory rights as a consumer.

34. Force Majeure

34.1 Events Beyond Our Control

 

We're not liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including:

  • Acts of God (earthquakes, floods, storms, fires)
  • War, terrorism, civil unrest, or riot
  • Government action, laws, or regulations
  • Epidemics, pandemics, or public health emergencies
  • Strikes, labor disputes, or industrial action
  • Failure of telecommunications, utilities, or transport networks
  • Failure of third-party suppliers or services (growers, couriers, payment processors)
  • Border closures or customs delays
  • Plant health restrictions or quarantine measures
  • Severe weather conditions affecting growth, transport, or delivery

34.2 Our Obligations

 

If a force majeure event occurs, we will:

  • Notify you as soon as reasonably possible
  • Take reasonable steps to minimise the impact
  • Resume performance as soon as the event is resolved

34.3 Extended Force Majeure

 

If a force majeure event prevents performance for more than 30 days, either party may terminate the affected order by written notice. We'll refund any payments received for undelivered products.

 

34.4 No Liability

 

Neither party will be liable for any losses arising from force majeure events.

35. Promotion and Offers 

35.1 Scope & Precedence

 

Promotions, voucher/coupon codes, volume discounts, free-gift or free-delivery offers, bundles and campaign pricing (together, "Offers") are subject to specific terms.

 

Unless we say otherwise for a specific promotion:

  • Offers do not stack—best single discount applies
  • Offers are UK-only and run on UK time
  • Eligibility/exclusions and availability may change
  • Refunds/returns are recalculated to reflect the price actually paid
  • We may correct obvious errors and withdraw or modify Offers prospectively

Any Specific Terms shown on a banner, email, landing page, checkout or quote form part of these Terms and govern that promotion.

 

35.2 Eligibility

 

Unless stated otherwise, promotions are for UK mainland consumer orders, one per customer/household, and exclude trade/bulk orders and resellers. You must be 18+. We may verify eligibility before honoring an offer.

 

35.3 How to Redeem

 

Promo codes and coupons must be entered at checkout and confirmed on the Order Acknowledgment. Codes cannot be applied retrospectively after we issue an Order Confirmation. Unless stated, codes have no cash value and cannot be exchanged.

 

35.4 Combinability

 

Promotions are not combinable with any other discount, bundle, code, free-gift, free-delivery incentive, or trade price, unless we expressly say so in writing. If multiple promotions appear to apply, we will honour the single best eligible offer.

 

35.5 Exclusions

 

Unless a campaign expressly includes them, promotions do not apply to:

  • Custom/bespoke work
  • Delivery charges
  • Gift cards/store credit
  • Pre-order or seasonal-lift items
  • Orders placed before campaign start or after it ends

35.6 Contests and Giveaways

 

Any contests, sweepstakes, or giveaways ("Promotions") we run may be governed by separate rules in addition to these Terms.

If you participate in any Promotion:

  • Read the specific Promotion rules carefully
  • The Promotion rules take precedence if they conflict with these general Terms
  • Promotions are organised and delivered by Topiary Twins Ltd (Company no. 16920489)
  • Terms of each Promotion will be available throughout its duration and for 30 days after

By entering a Promotion, you agree to be bound by both these Terms and the specific Promotion rules.

 

35.7 Free Delivery Promotions

 

Free delivery offers follow the method, zones and thresholds in our Delivery Policy. If a promotion or return reduces your basket below a free-delivery threshold, standard delivery charges apply.

 

35.8 Returns & Refunds

 

Refunds reflect the amount actually paid after promotional discounts. If a partial return means the promotion no longer applies, we will recalculate the order at the non-promotional price before issuing any refund. Perishable-goods rules still apply.

 

35.9 Misuse & Abuse

 

We may decline, suspend or cancel a promotion (or specific order) where we reasonably suspect fraud, code misuse, automated use, multi-accounting, or material breach of these Terms, acting fairly and proportionately.

36. Amendments/General

36.1 Assignment/Subcontracting

 

We may assign our rights and subcontract performance (including couriers/delivery services). This does not reduce your statutory rights.

 

36.2 No Set-Off

 

You must pay amounts due in full. You may not withhold, set-off or deduct any sums without our written agreement or a final court order.

 

36.3 Precedence

 

If there's a conflict between these Terms and any policies, guides, or FAQs on our Site, these Terms prevail.

 

36.4 Gift Cards

 

Gift cards are non-transferable, not redeemable for cash, and expire 24 months from purchase unless required otherwise by law.