Terms & Conditions

Terms & Conditions

By purchasing goods from hedgenursery.co.uk you enter a legally binding agreement with us on the following terms. You should read and understand these terms before submitting your Order because they affect your rights and liabilities and relationship with us under the Contract. These terms describe the basis for purchase by you and sale by us of the products described on this web site.

Definitions and interpretation

In these terms the following words have the following meanings.

1. Basis of the sale

1. 1 An agreement for us to sell you Goods is made on these terms when we accept an Order made by you via our Web Site or confirmed to you in writing if we process your Order on the telephone.

1.2 We aim to give you a clear idea of the nature of the plants we sell. However, you appreciate that there are slight variations in size, shape and colour between different specimens. Illustrations, descriptions other information are approximate and for guidance only. We try to keep the website up to date at all times but the information shown is for your guidance only.  We reserve the right to change the website at any time and without notice.

2. Details of the order

2.1 The quantity and description of the Goods will be those set out in your order (if accepted by us).

2.2 Orders are accepted at our discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or debit card is authorised for the transaction.

3. Payment terms

3.1 We will charge your credit or debit card account for payment upon receipt of order.

3.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.

4. General delivery

4.1 We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.

4.2 We will aim to deliver within the quoted time frame but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended.  The only exception to this is for Goods which clearly state on the website that they are pre-orders for delivery at a specific future date

4.3 Our peak seasons are November and late February to end of April and occasionally there are delays to our standard delivery turnaround times during these period.  Where possible we will let you know if there is likely to be a delay but we will not be held liable for any costs incurred as a result of delayed deliveries and we will not be obliged to pay any compensation for such delays.  If the delay is substantial, you may cancel the Contract and receive a full refund for those Goods paid for but not yet delivered

4.4 We use parcel and pallet carrier networks for our deliveries and we will not be held responsible for any delays or losses or consequential losses (including loss of revenue, profits, goodwill or business opportunity, or for any injury to your reputation) incurred due to a delay in delivery arising out of any cause beyond our control. We advise you not to arrange planting on the scheduled day of delivery in case the Goods are generally not delivered until late in the day

4.5The packaging materials used in delivering the Goods to you will be left with you at the point of delivery to dispose of.  Large or heavy orders are sent on pallets and will be left at a suitable access point to your address.  Pallet deliveries require a hard and level surface which the couriers can easily access. The driver of the delivery vehicle will not unload the plants

5. Risk and ownership

5.1 Risk of damage to or loss of the Goods passes to you at the time of delivery to you and you become responsible for the care and maintenance of the Goods from that time

5.2 You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

6. Plant toxicity

6.1 Some of our plants may be harmful or poisonous to humans and animals. Please reassure yourself via publically available information about potential risks of the plants you are buying and only buy if you are certain that there are no risks to your own or others’ livestock, pets or children.

7. Returns and cancellations

7.1The Goods may be returned if they are not what was ordered.  In order to return any non-conforming Goods, please contact us immediately at hello@hedgenursery.co.uk. We will require a photograph to be sent to us to verify the condition/issue. We will do our utmost to resolve your complaint, assuming we agree with you that the Goods do not conform to the Order. The Goods remain your responsibility until we receive them.

7.2 For most Goods bought online or by telephone you have a legal right to change your mind within 14 days and receive a refund of the Price of the Goods and any delivery costs. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer (i.e. not the cost of any enhanced delivery option). We may make a deduction from the refund due to signs of unreasonable use or if the Goods needs to be reduced in price to resell. Goods mixed inseparably with other items after delivery cannot be returned under this clause

7.3 Cancellation and return of items classed as surplus, no longer required or bought in error, will incur collection costs and the original cost of delivery

7.4 If you wish, we will help you to return the Goods to us, but we will not be responsible for the cost of the return of the parcels or pallets to us.  The cost of return delivery will be deducted from the refund given to you when the Goods are received back from you and are checked for condition

7.3 We may cancel the Contract if we withdraw the Products or have insufficient stock to deliver the Goods or if you live outside our delivery area. If we cancel the Contract we will provide a full refund of any sums you have paid in advance for Products which will not be provided.

8. Our Guarantee

8.1 We aim to provide high quality plants and products to our customers.  Please see the terms of our 12 month Plant Guarantee.

9. Liability

9.1 We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that you or your business may suffer.

9.2 These terms and conditions do not affect your statutory rights as a consumer.

9.6 We assume no responsibility for the contents of any other web sites to which this Web Site has links.

10. Matters out of our control

10.1 We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.

11. Copyright

11.1 All of the written, photographic, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.

11.2 None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.

12. Privacy

12.1 Click here to read our privacy policy which explains how we will not pass on your details to any third party.

13. Changes

13.1 We reserve the right to make changes to this Web Site and these terms at any time.

14. Complaints

15.1 If you wish to complain about any aspect of our service, please email us at hello@hedgenursery.co.uk

15. Promotions

15.1 Unless otherwise stated, discount codes (including those offered/displayed by third parties) cannot be used in conjunction with any other offer or discount codes, are not redeemable against any previous orders, are not applicable for purchases of any products or gift vouchers and do not apply to postage charges.

16. General

16.1 Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and contact telephone number and tell us of any changes to them.  We may contact you by telephone or in writing to you at the email address or postal address you have provided to us.

16.2 If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the other rights, or the same type of right on a later occasion.

16.3 To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

16.4 The headings in these terms are for convenience only and will not affect their interpretation.

16.5 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing, we shall act reasonably in doing so. Nobody else has any rights under this contract.

16.6 If a court finds part of these Terms illegal, the rest will continue in force

17. Governing law and jurisdiction

These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.