Burncoose Nurseries Terms of Business - Full Terms and Conditions
These terms and conditions cover our 2011 Catalogue, and cancels all previous Catalogues, Quotations and Price Lists and is valid until 31st December 2011
Our 2011 plant catalogue contains no price rises from the 2010 edition with the exception of the increase in the rate of VAT from 17.5% to 20% on 4th January 2011 and a small increase in our standard carriage and packing charges.
ORDERS1. The receipt of a catalogue or website order by Burncoose Nurseries from you constitutes an offer to purchase goods upon the terms and conditions below.
PAYMENT2. Payment may be made by any major recognised Credit Card or Switch Card except Diners Card and American Express, or by cheque. Card payments will normally be taken at the time of ordering on our website. You will then be refunded at the time of despatch for any plants not supplied. Where orders are placed by telephone or by post, payment will only be taken from your credit card after despatch has actually taken place, likewise if you 'collect in person'. In these situations you will not be therefore charged for any plants which cannot be supplied.
3. Unless payment is made by credit card as outlined in 2 above, orders should be accompanied by full payment, to include our Smaller Orders Guaranteed 24 hour postage and packing charges or Overnight Courier and packing charges. CHEQUES SHOULD BE PAYABLE TO “BURNCOOSE NURSERIES”.
4. There is no minimum plant order but the minimum carriage and packing payable is £13.00 for small order deliveries and £20.00 for Courier deliveries. Unless you collect in person of course.
5. Orders are accepted subject to the availability of plants.
DESPATCH6. Despatch of orders for most of the year will normally be within 5 - 10 working days from receipt. From March - June, during the busy Spring season, orders may take up to 15 working days from receipt to the time of despatch. We will only acknowledge receipt of individual orders if there is likely to be a longer delay in fulfilling your order caused by seasonal factors, adverse weather or temporary shortages. If you do want to check that your order has been received please provide a return e-mail address or enclose a s.a.e.
7. We reserve the right to delay despatch of plants if weather conditions are unsuitable for lifting and despatch during periods of drought or extreme cold. Delays can also arise when our regular delivery systems are disrupted by third party strike action.
CARRIAGE AND PACKING8. Except as provided by clauses 9, 10 and 11 orders are subject to a charge for carriage and packing for each consignment according to the schedule shown on the Order Form which applies to United Kingdom deliveries only. For smaller orders we normally arrange delivery using our Smaller Orders 24 hour service. Larger orders are normally sent by Guaranteed Overnight Courier.
9. Trees or taller plants can only be sent by guaranteed overnight courier due to Smaller Orders restrictions. Trees of over 3 metres in height may have to be pruned to comply with new courier size restrictions or there may be an additional carriage cost. If this is the case we will contact you first.
10. ORDERS FOR NORTHERN IRELAND, THE HIGHLANDS AND ISLANDS OF SCOTLAND, CHANNEL ISLANDS, ISLE OF WIGHT, ISLE OF MAN AND ISLES OF SCILLY WILL BE SUBJECT TO A SURCHARGE. EXCEPTIONALLY HEAVY PARCELS OR SPLIT DELIVERIES MAY ALSO RESULT IN ADDITIONAL CARRIAGE AND PACKING CHARGES. PLEASE CONTACT THE NURSERY FOR MORE INFORMATION.
SPLIT DELIVERIES11. Where we are obliged to split an order into two or more separate despatches for reasons beyond our control (e.g. where the order contains open ground grown plants, tender herbaceous plants or autumn bulbs as well as pot grown shrubs) a separate advice will be sent to you with the first despatch. Additional carriage and packing charges may be payable in such circumstances on the second consignment.
COLLECTION12. Anyone wishing to collect plants direct from the Nursery should please make this clear on their order form or select 'collect in person' during the checkout process. Please allow 5 working days to process your order. It will then be ready for collection. We are open Mon - Sat 8.30 - 5.00 and Sun 11.00 - 5.00. We will hold your plants ready for you for a week. If you are unable to collect within the seven days we are holding your plants, please email or phone us to let us know when you will be collecting them. You will be able to pay for your order when collecting and will not have to pay any carriage charges.
13. Orders may be collected by the Buyer from the Nursery’s Stand at certain Royal Horticultural Society Shows (except the Chelsea Flower Show) if the Buyer gives 10 days notice of his intention to do so before the commencement of the show. A small carriage and packing charge will still be made. Uncollected orders will subsequently be despatched from the nursery at the full carriage rate.
PRICES14. The prices quoted on our website or in our catalogue refer to plants of a particular size. If none of the particular size is available a smaller plant will be substituted and an appropriate pro rata reduction in price will be made.
15. Catalogue prices are correct at the time of going to press. We reserve the right to change the price of any plant without notice.
16. All prices (where applicable) include Value Added Tax at the rate of 17.5%. A surcharge of 2.5% will be added to the total value of your order excluding carriage and packing charges, to reflect the (hopefully temporary) increase in the rate of VAT from 17.5% to 20% from the 4th January 2011. Plants with edible fruits are zero rated for VAT purposes. Should the rate of VAT be altered during the course of 2011 we reserve the right to change our prices accordingly.
SUBSTITUTES17. Where possible close substitutes will be sent for any items unavailable at the time of despatch unless you advise us that substitutes are not acceptable. Please specify your alternative choices if you wish. Where orders are prepaid and no close substitute is available due to scarcity, seasonal factors or stock shortages a refund for the plant(s) and any carriage and packing (if appropriate) will be made shortly after despatch.
TITLE AND RISK18. Risk in the goods will pass to you when the plants are delivered to you or your agent.
19. You will only own the plants supplied once they have been delivered and paid for in full.
COPYRIGHT20. The content of our website and catalogue including all written, photographic and design content together with our selection and arrangement of it, are our copyrighted property or of businesses who have granted us the right to use it. All rights reserved.
21. None of the photographs or other material on this website or catalogue may be used without our written permission. Individuals may of course download, print, or copy individual copies for their own individual and non commercial use.
22. Unauthorised use of trade marks owned by ourselves or others which appear in our catalogue or on our website is prohibited.
GUARANTEE23. Burncoose Nurseries guarantees to send you only top quality trees, shrubs and herbaceous plants. We inspect everything carefully in the packing shed before it leaves to ensure that it is in good condition. Our skilled packers also take a great deal of time and effort to pack everything as securely as possible so it does not get damaged in any way in transit. Click here - If you would like to see pictures of our packing shed in action and how we would pack your own plants You should however accept that plants which have been shut away from the light in a parcel may need a little TLC to help them get over the journey, and that when dormant in winter, plants may not look anything like you may remember them from last spring or summer. This especially applies to herbaceous plants which may well just look like pots full of compost even though they are not.
24. We guarantee to replace or refund the cost of plants which fail to survive for a reasonable period of time after delivery, providing they have been cared for correctly after delivery and the blame can reasonably and fairly be attributed to us, rather than extremes of weather (late frosts, frozen ground, lack of watering, drought etc.) or other pests and hazards which are beyond our control (rabbits, slugs, strimmers, honey fungus etc.). We will normally request a photograph and other details regarding the dead plant.
25. Where we agree to provide a replacement you will be charged delivery on the replacement items.
COMPLAINTS26. If you wish to complain about the quality or performance of our plants or about our service please do not hesitate to e-mail, telephone or write to us. If we have made a mistake or done anything incorrectly we want to apologise to you personally.
27. If your plants have been damaged in transit please contact us immediately, so that if appropriate we can sort out a replacement or a refund. We will normally request a photograph (preferably by email) so that we can take the matter up with the courier.
28. If you receive a plant which appears to be in poor condition when you take it out of its box please contact us immediately. We will again normally request a photograph.
29. If you receive a plant which genuinely turns out not to be true to name we will of course replace it or refund you at once.
SECURITY31. Details of the precautions we have taken to make your customer details on our site secure are outlined on our security information page
LIABILITY32. We accept unlimited liability for death or personal injury caused by our negligence.
33. If you have a valid claim in respect of any of our plants based on their quality or condition or failure to meet the specification in our catalogue or on our website within a reasonable time, we will replace them or refund you with the cost of the plants.
34. In no circumstances (except as outlined in clause 28 above) shall our liability exceed the stated value of the plants themselves.
35. Our catalogue and website gives pictures and other details about the plants which we sell. You must accept that the colours reproduced in some pictures can vary a little and that some plants do exhibit some variation in flower colour habit and overall size, especially when grown in different locations in different parts of the country. Descriptions and pictures of particular plants are therefore approximate and for guidance only.
GIFT TOKENS36. Horticultural Trades Association Plant Gift Tokens may be used in full or part payment for any order from us (including postage and packing charges).
37. Such Gift Tokens may be purchased from us by post or on the website. Minimum value £5.00. We regret that no change or cash refunds can be given when tokens are utilised. Unfortunately Gift Tokens cannot automatically be used in payment on the website, but we will happily take full or part payment by gift token if you select 'pay by cheque' during the online checkout process and send the gift tokens to us.
TRADE ORDERS38. Trade or Wholesale orders from the United Kingdom and Overseas are welcomed. Contact the Nursery with a list of your requirements for a detailed written quotation or to be included on our trade mailings in Spring and Autumn. Discounts may also be offered on larger orders of over £400 from genuine landscape architects, designers and contractors ordering from our mail order catalogue. Please note however, that our retail mail order catalogue already includes sizeable quantity discounts for orders of 3 or 10 of many of the plants listed. For more details please see our Professional Gardener Section
OVERSEAS ORDERS39. Export orders from European Union or any other country are particularly welcome. Please provide us with a list of your plant requirements and we will prepare a full written estimate listing the likely ancillary charges and explaining any size or phytosanitary restrictions relating to particular varieties of plants. See here for terms and conditions for Export orders.
PLANT PICTURESAll pictures are for illustrative purposes only.
The actual condition of individual plants may of course vary depending on the time of the year, the weather and growing conditions at that time.