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Burncoose Nurseries Terms of Business
These terms and conditions cover our 2019 website listings and catalogue, and cancels all previous website listings and catalogues, quotations and price lists and is valid until 31st December 2019.
1. The receipt of a website or catalogue order by Burncoose Nurseries from you constitutes an offer to purchase goods upon the terms and conditions outlined below.
2. Payment may be made by any major recognised Credit Card or Switch Card except Diners Card. Card payments will be taken at the time of ordering on our website. You will then be refunded shortly after the time of despatch for any plants not supplied. Where orders are taken by telephone or by post card payments will normally also be taken at the time of ordering or receipt. Cheques payable to 'Burncoose Nurseries will also be cashed on receipt. Again you will be refunded shortly after despatch for any plants not supplied.
3. There is no minimum plant order but the minimum carriage and packing payable is £13.50.
4. Orders are accepted subject to the availability of plants.
DESPATCH5. Despatch of orders for most of the year will normally be within 3-5 working days from receipt. From March - June, during the busy Spring season, orders may take up to 3-10 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.
6. 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 courier delivery systems are disrupted by third party strike action or extreme weather.
CARRIAGE AND PACKING7. Except as provided by clauses 8, 9 and 10 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.
8. Specimen or Half Standard (H/Std) trees or taller plants can only be sent by guaranteed courier at the higher carriage rate. Trees of over 2.2 metres in height may have to be pruned to comply with current 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 IF REQUIRED. CURRENT SURCHARGE RATES ARE ON THE PACKING AND DELIVERY CHARGES PAGE OF OUR WEBSITE AND IN OUR CATALOGUE.
SPLIT DELIVERIES10. We will not charge additional carriage and packing on split deliveries caused by plant shortages (where no close substitute is available) or other factors which are our fault.
If your order is delayed a little because of the growing season or short term unavailability of a particular plant (or plants), we will always contact you to explain the reasons for the delay or to offer close substitute plants where we can.
In all other cases split deliveries will be charged at normal carriage and packing rates.
COLLECTION11. Anyone wishing to collect plants direct from the Nursery should select 'collect in person' option on the delivery section of the website checkout or mark it clearly on the order form. 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 can choose to pay for your order at the time of ordering or on collection by choosing the preferred option on the payment screen.
PRICES12. 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 and refunded to you after despatch.
13. Our website prices may change during the year. Catalogue prices are correct at the time of going to press. We reserve the right to change the price of any plant without notice.
14. All prices (where applicable) include Value Added Tax at the rate of 20%. Plants with edible fruits are zero rated for VAT purposes. Should the rate of VAT be altered during the course of 2019 we reserve the right to change our prices accordingly.
SUBSTITUTES15. With your agreement during the checkout process close substitutes will be sent for any items unavailable at the time of despatch unless you advise us that you prefer a refund. Where orders are placed by post 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 RISK16. Risk in the goods will pass to you when the plants are delivered to you or your agent.
18. You will only own the plants supplied once they have been delivered and paid for in full.
COPYRIGHT19. The content of our website and catalogue including all written, photographic, video 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.
20. 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.
21. Unauthorised use of trade marks owned by ourselves or others which appear in our catalogue or on our website is prohibited. Please click here to see our trade mark registrations.
GUARANTEE21. 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 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.
22. 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.
23. Where we agree to provide a replacement you will not be charged delivery on the replacement items.
COMPLAINTS24. 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 (01209 860316) or write to us. If we have made a mistake or done anything incorrectly we want to apologise to you personally.
25. 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.
26. 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.
27. 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.
LIABILITY29. We accept unlimited liability for death or personal injury caused by our negligence.
30. 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.
31. In no circumstances (except as outlined in clause 29 above) shall our liability exceed the stated value of the plants themselves.
32. 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. The sizes of individual plants may, of course, vary through the course of the year .
33. Horticultural Trades Association ('H.T.A') Plant Gift Tokens may be used in full or part payment for any order (including postage and packing charges).
34. H.T.A. Gift Tokens may be purchased on our website or by post. Minimum value £5.00. We regret that cash refunds cannot be given when tokens are utilised. Unfortunately H.T.A. 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, clearing stating which order they to be used against.
35. Burncoose Nurseries own gift tokens can also be purchased online and used in full or part payment for any order (including postage and packing charges). You will need to redeem the gift vouchers in the 'My Burncoose' section of the website or during the checkout process AND then select to use the vouchers as payment or part payment of your order. Any remaining value of the gift voucher which is unused will stay on your account 12 months from the date of redeeming to be used in subsequent orders.
TRADE ORDERS36. 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. Discounts may also be offered on larger orders of over £400 from genuine landscape architects, designers and contractors ordering from our website or mail order catalogue. Please note however, that our website and 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 ORDERS37. Export orders from European Union countries are welcome. These can be placed and paid for on the website or you can 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 PICTURES38. All 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.