Website Terms & Conditions

Terms Of Use of This Website:

Please read this section carefully as it contains the legal terms and conditions that you agree to when you use this site.

Operator:

This site is operated by
Burncoose Nurseries
Gwennap
Redruth
TR26 6BJ


Purpose of the site:

For the sale of plants and sundries to UK, European and International markets.

Availability of the site:

We cannot guarantee uninterrupted access to the site at all times.

Information on the site:

The information on this website about plants, care guides, video tips and news articles cannot be viewed as advice. This information has been researched from books, publications, and other websites and is not a source of authority, it is shared with the public for reference purposes only. 

Product and service availability:

Reference to any product or service does not constitute an offer of sale and does not mean that the product or service is available.

Ownership of materials on the site:

Burncoose Nurseries is the owner of all information on this website. You may not publish, distribute, extract, re-utilise, or reproduce without acknowledgement of Burncoose Nurseries as the publisher. You must include the top level URL of Burncoose Nurseries Website eg: https://www.burncoose.co.uk in acknowledgement of Burncoose Nurseries as the source.

Copyright, trademarks and all other intellectual property rights in the Products shown in Burncoose Nurseries lists shall remain at all times the property of Burncoose Nurseries. The Customer shall acquire no rights in the Products except as expressly provided for in these Terms and Conditions.  Please click here to read our trade mark registration details.

While every effort is made to ensure that the information contained in this site is correct, Burncoose Nurseries makes no warranty express or implied as to the nature or accuracy of any such material to the extent permitted by applicable law. Burncoose Nurseries may make changes to any content and information contained on this site, at any time without notice.

The legal ownership and any copyright or other intellectual property rights in the site and its design, text, graphics, software and all other material on the site belong to Burncoose Nurseries at all times, unless otherwise stated. You may only download material or view and/or print a single hard copy for private or non-commercial use. Any framing of or linking to this site is prohibited without the prior written permission of Burncoose Nurseries.

Disclaimer of warranties and liability:

To the fullest extent permitted by law all warranties (express or implied) in respect of this website and the content of this website and your use of this website are excluded. Except in the case of death or personal injury caused by our negligence, to the fullest extent permitted by law we exclude all liability to you in respect of your use of this site.

Amendments of the terms:

We reserve the right to amend these terms without notice to you from time to time. And such amendments shall be effective once the revised terms have been published on this page.

Applicable Law:

These terms are governed by UK law and subject to the non-exclusive jurisdiction of the English courts.

Terms and Conditions of sale:

Please read this document carefully as it contains the terms and conditions that you agree to be bound by if you continue to use the Burncoose Nurseries Online Store. The terms and conditions (“the Conditions”) set out below and the Terms of Use apply to your use of this Burncoose Nurseries Online Store and to any purchases you make through the Burncoose Nurseries Online Store or over the telephone direct.

In the event of any conflict between the Terms of Use and these Conditions, the latter shall prevail. These Conditions and the Terms of Use apply between you and Burncoose Nurseries, whose office is at Gwennap, Redruth, TR26 6BJ. Please address any complaints, queries or correspondence regarding these conditions or Burncoose Nurseries Online Store, to the contacts as listed in our contact us page.

Purchasing Burncoose Nurseries Products:

You may only purchase products available for sale and which appear on the Burncoose Nurseries Online Store, for personal use, either by yourself or by your intended recipient(s) of the products. Burncoose Nurseries reserves the right to decline any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by Burncoose Nurseries.

Details of the products available for purchase (including their price) are set out on Burncoose Nurseries Online Store. Burncoose Nurseries takes all reasonable care to ensure that all details, descriptions and prices of products appearing on Burncoose Nurseries online store are correct at the time when the relevant information is placed onto Burncoose Nurseries online store. Although every effort is made to keep Burncoose Nurseries Online Store as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order.

Ordering Products:

Once you have selected the products you wish to order, click on the “Pay Now” button at the end of the checkout process. Once you have clicked on the “Pay Now” button, you have made a binding offer for the sale of goods. Your offer at this stage is still subject to our acceptance. In order that we may accept your offer, we obtain an authorisation from your Credit card company or Paypal for the amount detailed on the order summary page. We generally take funds from your card at this stage, should any part of your order not be able to be fulfilled we will put a replacement in or refund depending on the preference you espressed during the checkout process.

Burncoose Nurseries will E-mail you to confirm your order has been received.

Burncoose Nurseries will E-mail you again to confirm that the products you have ordered are being shipped to you.

We are deemed to have accepted your offer, and a corresponding contract of sale for the products you have ordered is concluded between you and Burncoose Nurseries only upon those products being shipped to you, as detailed in the dispatch confirmation E-mail.

Burncoose Nurseries may refuse or be unable to process your order if:

The product you ordered is discontinued or no longer available,

Your credit card does not give authorisation for the payment of the purchase price,

You do not meet the eligibility to order criteria set out above.

Returns

If you wish to return an item which you have received, you have up to 28 days to return it to us. You must contact us in the first 14 days in writing (an email is fine) to advise that you intend to return it. It must be returned in the same condition that you received it. Please include your order number, name and address. Also the reason for return inside the box. Once we have received your return, in good condition, your refund will be processed within 7 working days.

As with returning orders to a shop it is your responsibility to arrange and pay for the return of any goods that have been supplied correctly and are not at fault. We will not pay the costs of returning an item to us.

Until we receive the goods you are returning, they are your responsibility. We recommend you use a recorded delivery service, or a courier with tracking.

If the item has been damaged upon return, we reserve the right to withhold a percentage of the refund value if the item needs to be reduced in price for resale.

 

General

 

Burncoose Nurseries reserves the right to:

Modify or withdraw, temporarily or permanently, Burncoose Nurseries Online Store (or any part thereof) with or without notice to you; Burncoose Nurseries shall not be liable to you or any third party for any such modification or withdrawal; and/or

Change the Conditions from time to time, and your continued use of Burncoose Nurseries Online Store (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using Burncoose Nurseries Online Store.

If Burncoose Nurseries should change these Conditions, your order will be subject to the Terms and Conditions at the Date and time of you placing your order. Copies of the appropriate T&C are available by email from enquiries@burcoose.co.uk.

If any part of the Conditions is declared unlawful or unenforceable, then that provision shall be deemed deleted from the Conditions and the remaining provisions of the Conditions shall remain in full force and effect. English law applies to these Conditions and any dispute relating to the Conditions shall be settled by the English courts.

Warranties:

Burncoose Nurseries warrants that all products shall comply with all relevant UK legislation from time to time in force.

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