Terms and Conditions
By purchasing from thenurseryman.co.uk you agree to the terms and conditions set out below and enter into a legally binding agreement with us. Please read the following terms and conditions carefully before placing your order.
If there’s a problem
Please bear in mind that plants look different depending on what time of year it is. If you choose a deciduous shrub in the winter, remember it’s going to turn up looking bare. It doesn’t mean there’s anything wrong with it, just that it should look like that at this time of year. We don’t force our plants into leaf or flowering at unnatural times of the year, because we want them to be ready for the conditions in your garden.
Perennial plants won’t even show above the soil level in a pot during the winter, but the roots will be strong (we’ve checked) and the plant will start growing again in spring.
If you receive a plant that doesn’t look right even considering the time of year, please email us at immediately at email@example.com with a photo showing what the plant looked like when it arrived
For more information about Delivery, Cancellations, Returns and Complaints please click here.
Who We Are
The Seller is Herbert White and Sons Limited trading as thenurseryman.co.uk registered in England and Wales with number 08438470 and registered at Dingley Dell, Toddington Road, Westoning, Bedfordshire MK45 5AH.
Orders are accepted by thenurseryman.co.uk at our sole discretion however we normally accept orders where we the Goods are available, you are based in our delivery area and your credit/debit card is authorised for the payment. Please note that if your delivery address is not within our delivery area we will not be able to accept your order and the Goods will not therefore be available to you. We will confirm acceptance of your order and provide you with an order number (an email order confirmation will also be sent to you). Once we have accepted your order a legally binding agreement, subject to these terms and conditions, is made between both parties.
The Goods are the plants and sundry products available for purchase on our website, thenurseryman.co.uk that have been selected by you and placed in your online basket for purchase. A full description, quantity and quality of the Goods is set out on the order page of our website and will include details of the price, delivery cost and any other costs such as insurance of VAT if applicable. Further details of the Goods are set out on the individual product page of our website.
Please note that plants are natural products and therefore will alter slightly in size, colour and shape and with the changing seasons and weather patterns. Although we do our best to ensure that the information provided (including text and images) is as accurate as possible, it is inevitable that there will be some variations from time to time. Our information and images can only be considered approximate and therefore for guidance purposes only. From time to time we may in our sole discretion vary the nature of the Goods from that displayed on our website, without notice to you, provided these alterations are not material changes.
The Goods advertised on for sale on our website are Goods that are currently available in the nursery; however from time to time when we pick your order we may find that there is a quality issue with the plant you have chosen. This does not happen often but if this happens we reserve the right to substitute another plant of equal value. We will attempt to contact you and ask if the proposed substitution is acceptable. If we are unable to contact you and receive your reply before the order is dispatched we will ship the substitution. If the substitution is unacceptable you may have a refund or wait until the plant you have chosen becomes available again.
Use of Email to Contact You
Emails to you will be to the address supplied by you. It is important that you give us an accurate and valid email address and contact telephone number and notify us of any changes.
We want to keep you informed about new products, plants, special offers and news by email. If you do not want us to contact you then you can request that we stop contacting you by sending us an email (to firstname.lastname@example.org). Please note that it may take a short period of time for the request to be effective. We will not share your details with any third parties.
The Price and Payment Terms
The Price for the Goods is as displayed on the order page of our website and usually excludes delivery and other additional charges. The Price for the Goods will be as advertised on our website at the time the order is accepted. The total price you will pay will be clearly displayed on shopping basket web page and will show the additional costs, such as delivery.
We will charge your credit/debit card account for payment upon receipt of your order on the basis that your order will be fulfilled and delivered within 31 days. For goods that are not immediately available and that may take longer than 31 days to be shipped we will take payment up to 7 days prior to dispatch. We will not accept liability where payment details you have provided are incorrect and this causes delays to your delivery.
If it is not possible to obtain full payment for the goods from your account prior to delivery we can cancel the contract or suspend delivery of the order (and any other order outstanding) until we have received payment in full. This does not affect any other rights we may have.
Please note that discount codes or promotions cannot be used for purchases of all items. Specifically they cannot be used in connection with the purchase of gift vouchers and they do not apply to delivery charges. Promotions will have individual terms and conditions which must be complied with. Promotions and discount codes can be withdrawn by us at any time, for any reason in our sole discretion and without notice.
We will take all reasonable steps to ensure that information supplied by you is kept secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to your information or data (including payment details) that you have provided will using our website unless this is solely due to our negligence.
We will deliver the goods to the delivery address specified by you in your order. We cannot accept any liability for any loss or damage to the goods after they have been delivered in accordance with your delivery instructions. Please therefore ensure that the delivery address is accurate and that you provide clear instructions about where you would like the delivery left if you are not home when we deliver.
Delivery times are not guaranteed. If delivery is delayed by reasons beyond our reasonable control we will contact you and advise you of any delays and any extension to the delivery date. We cannot be liable for late delivery beyond our control and will not offer a refund of the delivery charge.
Our delivery area is mainland addresses within England and Wales and parts of Scotland.
Risk and Ownership
Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery, at the time when we tried to make delivery. Ownership of the Goods will only pass to you once they have been successfully delivered and when we have received cleared payment in full. The Goods supplied are not for resale. Please note that some plants may have plant breeders’ rights and other restrictions on their propagation and/or use and you permitted to use these plants for personal enjoyment only.
Any claim based on any defect in the quality or conditions of the Goods or their failure to correspond with the description or short delivery must be notified by email email@example.com within 7 days of delivery. Where you have a valid claim and you have returned the Goods within 28 days you will be entitled to a refund of the price of the Goods or replacement Goods free of charge. Primrose Hall Nursery will not be liable to you in connection with any contract, in tort (including negligence) or otherwise for any loss of profit, anticipated savings or data that you may suffer. These terms and conditions do not affect your statutory rights as a consumer. Please note that you must look after the plants/Goods until they are safely returned to us and any damage or diminution in quality in the Goods is your responsibility. You are responsible for the cost of returning the Goods to us. We cannot be liable to you for matters that occur beyond our reasonable control which cause delays or failures to perform our obligations.
We continually review the Goods and therefore we may make changes at any time. We will use reasonable commercial endeavours to keep the website current and up to date but the information and specification given are for your information and guidance only and are subject to change at any time without notice. Our images are generally accurate but please note that plants are natural products and will vary in colour, size and shape and also with the seasons.
We will not assume responsibility for the content of any other website to which thenurseryman.co.uk may have links.
All content, images, design, plant descriptions and care information and this website are the intellectual property of Herbert White and Sons Limited and protected under international copyright. No part of this website of the information, images or design published here may be reproduced or used in any way without prior express written permission. Content may be shared for personal use however we reserve the right to withdraw permission for personal sharing at our sole discretion including removal of social media posts and content.
If either we or you fail to enforce a right under these terms and conditions, that failure will not stop us or you from enforcing other rights or the same type of right on a later occasion. To the extent that any provision of these terms and conditions is found to be invalid, unlawful or unenforceable that provision will be deemed not to be part of these terms and conditions and it will not affect the enforceability of the remainder of the terms and conditions nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
These terms and conditions will be governed by English law and any disputes will be resolved exclusively by the English Courts.